S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5074
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2023
                                ___________
 
 Introduced  by  M. of A. EPSTEIN, STECK -- read once and referred to the
   Committee on Codes
 
 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 use 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 USE 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 435 of the laws  of  2021,  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 use 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 use
 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 use, that he or she may participate in and receive medically
 prescribed drug treatments under the care of a health care  professional
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09921-01-3
              

 A. 5074                             2
 
 licensed  or  certified  under  title eight of the education law, acting
 within his or her lawful scope of practice, provided that no court shall
 require the use of any specified type or brand of drug during the course
 of medically prescribed drug treatments.
   (B) PRIOR TO SPECIFYING AN ALCOHOL OR SUBSTANCE USE PROGRAM, THE COURT
 SHALL  INQUIRE, ON THE RECORD, WHETHER THE DEFENDANT HAS AN OBJECTION TO
 ANY RELIGIOUS ELEMENT OF THAT PROGRAM. IF THE  DEFENDANT  OBJECTS  TO  A
 RELIGIOUS  ELEMENT  OF THE PROGRAM, THE COURT SHALL IDENTIFY AN ALTERNA-
 TIVE  EQUIVALENT  PROGRAM  TO  WHICH  THE  DEFENDANT  HAS  NO  RELIGIOUS
 OBJECTION, AND THE DEFENDANT SHALL CONFIRM ON THE RECORD.
   § 3. Paragraph (e) of subdivision 2 of section 65.10 of the penal law,
 as  amended  by  chapter  742 of the laws of 1981, is amended to read as
 follows:
   (e) Participate in an alcohol or substance [abuse] USE program  or  an
 intervention  program  approved by the court after consultation with the
 local probation department having jurisdiction, or such other public  or
 private  agency  as  the court determines to be appropriate, EXCEPT THAT
 THE COURT SHALL FIRST DETERMINE WHETHER THE DEFENDANT HAS  AN  OBJECTION
 TO  ANY RELIGIOUS ELEMENT OF THAT PROGRAM. IF THE DEFENDANT OBJECTS TO A
 RELIGIOUS ELEMENT OF THE PROGRAM, THE COURT SHALL APPROVE AN ALTERNATIVE
 EQUIVALENT PROGRAM TO WHICH THE DEFENDANT HAS NO RELIGIOUS OBJECTION;
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.