|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Aug 04, 2021||referred to rules|
senate Bill S7313
Current Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7313 (ACTIVE) - Details
S7313 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7313 SPONSOR: HARCKHAM TITLE OF BILL: An act to amend the criminal procedure law and the penal law, in relation to requiring written notice to a defendant of his or her right to complete court ordered alcohol or substance abuse treatment in a nonreligious treatment program PURPOSE: To ensure eligible defendants mandated to attend a substance abuse treatment program are informed of their right to request a nonreligious option SUMMARY OF PROVISIONS: Section 1 amends section 216.00 of the criminal procedure law to add a new subdivision 3 to define treatment
S7313 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7313 2021-2022 Regular Sessions I N S E N A T E August 4, 2021 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law and the penal law, in relation to requiring written notice to a defendant of his or her right to complete court ordered alcohol or substance abuse treatment in a nonreligious treatment program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 216.00 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows: 3. "TREATMENT" MEANS ANY ALCOHOL OR SUBSTANCE ABUSE RECOVERY PROGRAM OR PROGRAMS, WHICH MAY INCLUDE DETOXIFICATION, MEDICALLY ASSISTED TREAT- MENT, RESIDENTIAL TREATMENT, OUTPATIENT TREATMENT, AND RECOVERY-ORIENTED CARE AND RECOVERY SUPPORT, INCLUDING PEER-BASED SUPPORT. § 2. Subdivision 5 of section 216.05 of the criminal procedure law, as amended by chapter 67 of the laws of 2016, is amended to read as follows: 5. (A) The defendant shall agree on the record or in writing to abide by the release conditions set by the court, which, shall include: participation in a specified period of alcohol or substance abuse treat- ment at a specified program or programs identified by the court, which may include periods of detoxification, residential or outpatient treat- ment, or both, as determined after taking into account the views of the health care professional who conducted the alcohol and substance abuse evaluation and any health care professionals responsible for providing such treatment or monitoring the defendant's progress in such treatment; and may include: (i) periodic court appearances, which may include peri- odic urinalysis; (ii) a requirement that the defendant refrain from engaging in criminal behaviors; (iii) if the defendant needs treatment for opioid abuse or dependence, that he or she may participate in and receive medically prescribed drug treatments under the care of a health EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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