S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9675
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  allowing
   courts  to  consider  the risk of continued substance abuse in certain
   instances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Section 510.10 of the criminal procedure law is amended by
 adding three new subdivisions 5-a, 5-b and 5-c to read as follows:
   5-A.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS THREE AND FOUR OF
 THIS SECTION, THE COURT MAY, IN ITS DISCRETION, COMMIT THE PRINCIPAL  TO
 THE CUSTODY OF THE SHERIFF FOR A PERIOD OF NO MORE THAN FIFTEEN DAYS, IF
 SUCH  PRINCIPAL  HAS A SUBSTANTIAL RISK OF CONTINUED SUBSTANCE ABUSE AND
 THERE IS A LIKELIHOOD OF SERIOUS HARM TO SUCH PRINCIPAL AND THERE EXISTS
 NO ALTERNATIVE LESS RESTRICTIVE MEANS AVAILABLE TO CONFINE OR  SUPERVISE
 SUCH  PRINCIPAL  IN ORDER TO PREVENT THE PRINCIPAL'S SUBSTANTIAL RISK OF
 CONTINUED SUBSTANCE ABUSE UPON RELEASE  FROM  CUSTODY.  ALTERNATIVE  AND
 LESS  RESTRICTIVE MEANS OF CONFINEMENT AND SUPERVISION SHALL MEAN AVAIL-
 ABLE  IMMEDIATE  COMMITMENT  OF  SUCH  PRINCIPAL  IN  A  STATE  LICENSED
 SUBSTANCE  ABUSE  TREATMENT CENTER, DRUG REHABILITATION CENTER OR MENTAL
 HEALTH FACILITY. IN MAKING ITS DETERMINATION, THE COURT MAY CONSIDER THE
 FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO:
   (A) ADMISSION BY THE PRINCIPAL THAT THEY ARE ADDICTED TO A  CONTROLLED
 SUBSTANCE;
   (B)  REQUESTS  BY THE PRINCIPAL'S IMMEDIATE FAMILY MEMBERS TO HOLD THE
 PRINCIPAL IN CUSTODY TO PREVENT THE LIKELIHOOD OF SERIOUS HARM;
   (C) A RECORD OF THE PRINCIPAL'S ARRESTS FOR SIMILAR  OFFENSES  RELATED
 TO SUBSTANCE ABUSE;
   (D)  DOCUMENTATION OF REASONS FOR ANY FAILED ATTEMPTS TO COMPLETE DRUG
 COURT;
   (E) THE ARRESTING OFFICER'S TESTIMONY OF THE PRINCIPAL'S  INTOXICATION
 OR OF WITNESSING THE PRINCIPAL'S USE OF A CONTROLLED SUBSTANCE; AND
   (F) THE PRINCIPAL'S POSSESSION OF A CONTROLLED SUBSTANCE OR POSSESSION
 OF PARAPHERNALIA RELATED THERETO.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09129-06-4
 A. 9675                             2
 
   5-B. UPON THE COMMITMENT OF SUCH PRINCIPAL TO THE CUSTODY OF THE SHER-
 IFF,  OR  AN AVAILABLE, LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPER-
 VISION, THE COURT SHALL ORDER A DULY LICENSED  PROFESSIONAL  TO  MONITOR
 SUCH  PRINCIPAL AS NEEDED TO EVALUATE THE PRINCIPAL'S NEED FOR TREATMENT
 AND/OR  MEDICATIONS,  AND  TO  COMPLETE AN EVALUATION FOR ADDICTION TO A
 CONTROLLED SUBSTANCE. TREATMENT, INCLUDING BUT NOT  LIMITED  TO  MEDICA-
 TIONS,  SHALL BE PROVIDED TO THE PRINCIPAL WITHOUT UNNECESSARY DELAY, AS
 RECOMMENDED BY SUCH  LICENSED  PROFESSIONAL.  THE  PRINCIPAL'S  COMPLETE
 EVALUATION,  INCLUDING RECOMMENDATIONS FOR THE CONTINUED CUSTODY OF SUCH
 PRINCIPAL, CONSIDERATIONS FOR  PARTICIPATION  IN  A  JUDICIAL  DIVERSION
 PROGRAM, IMMEDIATE RELEASE FROM CUSTODY, AND ANY OTHER PROPOSALS FOR THE
 CARE  AND  TREATMENT  OF  SUCH  PRINCIPAL SHALL BE PROVIDED TO THE COURT
 WITHOUT UNNECESSARY DELAY AND WITHIN NO MORE THAN SEVENTY-TWO HOURS FROM
 THE COMPLETION OF SUCH PRINCIPAL'S EVALUATION. THE PRINCIPAL, SUCH PRIN-
 CIPAL'S COUNSEL AND THE DISTRICT ATTORNEY'S OFFICE SHALL BE  PROVIDED  A
 COPY OF THE PRINCIPAL'S EVALUATION UPON REQUEST TO THE COURT.
   5-C.  THE PRINCIPAL SHALL BE AFFORDED THE OPPORTUNITY FOR A HEARING TO
 REQUEST THE PRINCIPAL'S IMMEDIATE RELEASE FROM THE CUSTODY OF THE  SHER-
 IFF  OR  CONFINEMENT  IN A TREATMENT OR MENTAL HEALTH FACILITY, PRIOR TO
 THE ARRAIGNMENT OF SUCH PRINCIPAL. IF WITHIN SEVENTY-TWO  HOURS  OF  THE
 COURT'S RECEIPT OF THE PRINCIPAL'S REQUEST FOR SUCH HEARING, THE PRINCI-
 PAL IS NOT BROUGHT BEFORE A LOCAL CRIMINAL COURT, THE PRINCIPAL SHALL BE
 IMMEDIATELY  RELEASED  FROM  THE  SHERIFF'S  CUSTODY OR CONFINEMENT IN A
 TREATMENT FACILITY OR MENTAL HEALTH FACILITY AND  SERVED  AN  APPEARANCE
 TICKET.  THE  PRINCIPAL  SHALL BE ENTITLED TO INTRODUCE THEIR CONTROLLED
 SUBSTANCE EVALUATION INCLUDING ANY RECOMMENDATIONS MADE  BY  A  LICENSED
 PHYSICIAN THAT PRINCIPAL SHOULD NOT BE HELD IN CUSTODY OF THE SHERIFF OR
 CONFINED AT A TREATMENT OR MENTAL HEALTH FACILITY AND THAT THE PRINCIPAL
 IS  NOT IN SUBSTANTIAL RISK FOR SUBSTANCE ABUSE, OR THERE IS NOT A LIKE-
 LIHOOD OF THE PRINCIPAL INFLICTING SERIOUS HARM UPON THEIR RELEASE  FROM
 CUSTODY.  THE  COURT  SHALL CONSIDER THE PRINCIPAL'S COMPLETE EVALUATION
 INCLUDING TREATMENT RECOMMENDATIONS, RECORD OF ARRESTS, CONVICTIONS  AND
 ANY  RECORD  OF PARTICIPATION IN ANY DRUG COURT AND SHALL DECIDE WHETHER
 TO IMMEDIATELY RELEASE SUCH PRINCIPAL FROM THE CUSTODY OF THE SHERIFF OR
 CONFINEMENT IN A TREATMENT FACILITY OR MENTAL  HEALTH  FACILITY,  OR  TO
 REMAND  THE  PRINCIPAL TO THE CUSTODY OF THE SHERIFF OR CONFINEMENT IN A
 TREATMENT FACILITY OR MENTAL HEALTH FACILITY FOR THE  REMAINDER  OF  THE
 PRINCIPAL'S FIFTEEN DAY PERIOD OF CUSTODY OR CONFINEMENT.
   §  2.  The  opening paragraph and subparagraphs (i), (xx) and (xxi) of
 paragraph (b) of subdivision 1 of section 530.20 of the criminal  proce-
 dure  law, the opening paragraph as amended by section 6 of subpart A of
 part VV of chapter 56 of the laws of 2023, subparagraph (i)  as  amended
 by  section 3 of part UU of chapter 56 of the laws of 2020, subparagraph
 (xx) as amended and subparagraph (xxi) as added by section 4 of  subpart
 C  of  part  UU of chapter 56 of the laws of 2022, are amended and a new
 subparagraph (xxii) is added to read as follows:
   Where the principal stands charged  with  a  qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail,  order  non-monetary conditions in
 conjunction with fixing bail, or, where the defendant is charged with  a
 qualifying offense [which is a felony], the court may commit the princi-
 pal to the custody of the sheriff. The court shall explain its choice of
 securing  order  on the record or in writing. A principal stands charged
 with a qualifying offense when [he or she] SUCH PRINCIPAL stands charged
 with:
 A. 9675                             3
 
   (i) a felony enumerated in section 70.02 of the penal law[, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling];
   (xx) any felony or class A misdemeanor involving harm to an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b  of  the  penal  law  where  such
 charge  arose from conduct occurring while the defendant was released on
 [his or her] THEIR own recognizance, released under conditions,  or  had
 yet to be arraigned after the issuance of a desk appearance ticket for a
 separate felony or class A misdemeanor involving harm to an identifiable
 person  or  property,  provided,  however, that the prosecutor must show
 reasonable cause to believe that the  defendant  committed  the  instant
 crime  and  any underlying crime. For the purposes of this subparagraph,
 any of the underlying crimes need not be a qualifying offense as defined
 in this subdivision. For the purposes of this  paragraph,  "harm  to  an
 identifiable  person  or  property"  shall include but not be limited to
 theft of or damage to property. However, based  upon  a  review  of  the
 facts alleged in the accusatory instrument, if the court determines that
 such  theft  is  negligible  and does not appear to be in furtherance of
 other criminal activity, the principal shall be released on [his or her]
 THEIR own recognizance or  under  appropriate  non-monetary  conditions;
 [or]
   (xxi)  criminal  possession of a weapon in the third degree as defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of a firearm to a minor as  defined  in  section  265.16  of  the  penal
 law[.]; OR
   (XXII)  A  CONTROLLED  SUBSTANCE  OFFENSE  AS  DEFINED  IN ARTICLE TWO
 HUNDRED TWENTY OF THE PENAL LAW.
   § 3. Subdivision 1 of section 530.20 of the criminal procedure law  is
 amended  by  adding  three  new  paragraphs  (c), (e) and (f) to read as
 follows:
   (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B)  OF  THIS
 SUBDIVISION,  THE  COURT MAY, IN ITS DISCRETION, COMMIT THE PRINCIPAL TO
 THE CUSTODY OF THE SHERIFF FOR A PERIOD OF NO MORE THAN FIFTEEN DAYS, IF
 SUCH PRINCIPAL HAS A SUBSTANTIAL RISK OF CONTINUED SUBSTANCE  ABUSE  AND
 THERE IS A LIKELIHOOD OF SERIOUS HARM TO SUCH PRINCIPAL AND THERE EXISTS
 NO  ALTERNATIVE LESS RESTRICTIVE MEANS AVAILABLE TO CONFINE OR SUPERVISE
 SUCH PRINCIPAL IN ORDER TO PREVENT THE PRINCIPAL'S SUBSTANTIAL  RISK  OF
 CONTINUED  SUBSTANCE  ABUSE  UPON  RELEASE FROM CUSTODY. ALTERNATIVE AND
 LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPERVISION SHALL MEAN  AVAIL-
 ABLE  IMMEDIATE  COMMITMENT  OF  SUCH  PRINCIPAL  IN  A  STATE  LICENSED
 SUBSTANCE ABUSE TREATMENT CENTER, DRUG REHABILITATION CENTER  OR  MENTAL
 HEALTH FACILITY. IN MAKING ITS DETERMINATION, THE COURT MAY CONSIDER THE
 FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO:
   (I)  ADMISSION BY THE PRINCIPAL THAT THEY ARE ADDICTED TO A CONTROLLED
 SUBSTANCE;
   (II) REQUESTS BY THE PRINCIPAL'S IMMEDIATE FAMILY MEMBERS TO HOLD  THE
 PRINCIPAL IN CUSTODY TO PREVENT THE LIKELIHOOD OF SERIOUS HARM;
   (III) A RECORD OF THE PRINCIPAL'S ARRESTS FOR SIMILAR OFFENSES RELATED
 TO SUBSTANCE ABUSE;
   (IV) DOCUMENTATION OF REASONS FOR ANY FAILED ATTEMPTS TO COMPLETE DRUG
 COURT;
 A. 9675                             4
 
   (V)  THE  ARRESTING  OFFICER'S TESTIMONY OF WITNESSING THE PRINCIPAL'S
 USE OF A CONTROLLED SUBSTANCE; AND
   (VI)   THE   PRINCIPAL'S  POSSESSION  OF  A  CONTROLLED  SUBSTANCE  OR
 POSSESSION OF PARAPHERNALIA RELATED THERETO.
   (E) UPON THE COMMITMENT OF SUCH PRINCIPAL TO THE CUSTODY OF THE  SHER-
 IFF,  OR  AN AVAILABLE, LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPER-
 VISION, THE COURT SHALL ORDER A DULY LICENSED  PROFESSIONAL  TO  MONITOR
 SUCH  PRINCIPAL AS NEEDED TO EVALUATE THE PRINCIPAL'S NEED FOR TREATMENT
 AND/OR MEDICATIONS, AND TO COMPLETE AN EVALUATION  FOR  ADDICTION  TO  A
 CONTROLLED  SUBSTANCE.  TREATMENT,  INCLUDING BUT NOT LIMITED TO MEDICA-
 TIONS, SHALL BE PROVIDED TO THE PRINCIPAL WITHOUT UNNECESSARY DELAY,  AS
 RECOMMENDED  BY  SUCH  LICENSED  PROFESSIONAL.  THE PRINCIPAL'S COMPLETE
 EVALUATION, INCLUDING RECOMMENDATIONS FOR THE CONTINUED CUSTODY OF  SUCH
 PRINCIPAL,  IMMEDIATE  RELEASE FROM CUSTODY, AND ANY OTHER PROPOSALS FOR
 THE CARE AND TREATMENT OF SUCH PRINCIPAL SHALL BE PROVIDED TO THE  COURT
 WITHOUT UNNECESSARY DELAY AND WITHIN NO MORE THAN SEVENTY-TWO HOURS FROM
 THE COMPLETION OF SUCH PRINCIPAL'S EVALUATION. THE PRINCIPAL, SUCH PRIN-
 CIPAL'S  COUNSEL  AND THE DISTRICT ATTORNEY'S OFFICE SHALL BE PROVIDED A
 COPY OF THE PRINCIPAL'S EVALUATION UPON REQUEST TO THE COURT.
   (F) THE PRINCIPAL SHALL BE AFFORDED THE OPPORTUNITY FOR A  HEARING  TO
 REQUEST  THE PRINCIPAL'S IMMEDIATE RELEASE FROM THE CUSTODY OF THE SHER-
 IFF OR CONFINEMENT IN A TREATMENT OR MENTAL HEALTH  FACILITY,  PRIOR  TO
 THE  ARRAIGNMENT  OF  SUCH PRINCIPAL. IF WITHIN SEVENTY-TWO HOURS OF THE
 COURT'S RECEIPT OF THE PRINCIPAL'S REQUEST FOR SUCH HEARING, THE PRINCI-
 PAL IS NOT BROUGHT BEFORE A LOCAL CRIMINAL COURT, THE PRINCIPAL SHALL BE
 IMMEDIATELY RELEASED FROM THE SHERIFF'S  CUSTODY  OR  CONFINEMENT  IN  A
 TREATMENT  FACILITY  OR  MENTAL HEALTH FACILITY AND SERVED AN APPEARANCE
 TICKET. THE PRINCIPAL SHALL BE ENTITLED TO  INTRODUCE  THEIR  CONTROLLED
 SUBSTANCE  EVALUATION  INCLUDING  ANY RECOMMENDATIONS MADE BY A LICENSED
 PHYSICIAN THAT PRINCIPAL SHOULD NOT BE HELD IN CUSTODY OF THE SHERIFF OR
 CONFINED AT A TREATMENT OR MENTAL HEALTH FACILITY AND THAT THE PRINCIPAL
 IS NOT IN SUBSTANTIAL RISK FOR SUBSTANCE ABUSE, OR THERE IS NOT A  LIKE-
 LIHOOD  OF THE PRINCIPAL INFLICTING SERIOUS HARM UPON THEIR RELEASE FROM
 CUSTODY. THE COURT SHALL CONSIDER THE  PRINCIPAL'S  COMPLETE  EVALUATION
 INCLUDING  TREATMENT RECOMMENDATIONS, RECORD OF ARRESTS, CONVICTIONS AND
 ANY RECORD OF PARTICIPATION IN ANY DRUG COURT AND SHALL  DECIDE  WHETHER
 TO IMMEDIATELY RELEASE SUCH PRINCIPAL FROM THE CUSTODY OF THE SHERIFF OR
 CONFINEMENT  IN  A  TREATMENT  FACILITY OR MENTAL HEALTH FACILITY, OR TO
 REMAND THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF OR CONFINEMENT  IN  A
 TREATMENT  FACILITY  OR  MENTAL HEALTH FACILITY FOR THE REMAINDER OF THE
 PRINCIPAL'S FIFTEEN DAY PERIOD OF CUSTODY OR CONFINEMENT.
   § 4. Section 530.40 of the criminal procedure law is amended by adding
 three new subdivisions 5-a, 5-b and 5-c to read as follows:
   5-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS THREE AND FOUR  OF
 THIS  SECTION, THE COURT MAY, IN ITS DISCRETION, COMMIT THE PRINCIPAL TO
 THE CUSTODY OF THE SHERIFF FOR A PERIOD OF NO MORE THAN FIFTEEN DAYS, IF
 SUCH PRINCIPAL HAS A SUBSTANTIAL RISK OF CONTINUED SUBSTANCE  ABUSE  AND
 THERE IS A LIKELIHOOD OF SERIOUS HARM TO SUCH PRINCIPAL AND THERE EXISTS
 NO  ALTERNATIVE LESS RESTRICTIVE MEANS AVAILABLE TO CONFINE OR SUPERVISE
 SUCH PRINCIPAL IN ORDER TO PREVENT THE PRINCIPAL'S SUBSTANTIAL  RISK  OF
 CONTINUED  SUBSTANCE  ABUSE  UPON  RELEASE FROM CUSTODY. ALTERNATIVE AND
 LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPERVISION SHALL MEAN  AVAIL-
 ABLE  IMMEDIATE  COMMITMENT  OF  SUCH  PRINCIPAL  IN  A  STATE  LICENSED
 SUBSTANCE ABUSE TREATMENT CENTER, DRUG REHABILITATION CENTER  OR  MENTAL
 HEALTH FACILITY. IN MAKING ITS DETERMINATION, THE COURT MAY CONSIDER THE
 FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO:
 A. 9675                             5
 
   (A)  ADMISSION BY THE PRINCIPAL THAT THEY ARE ADDICTED TO A CONTROLLED
 SUBSTANCE;
   (B)  REQUESTS  BY THE PRINCIPAL'S IMMEDIATE FAMILY MEMBERS TO HOLD THE
 PRINCIPAL IN CUSTODY TO PREVENT THE LIKELIHOOD OF SERIOUS HARM;
   (C) A RECORD OF THE PRINCIPAL'S ARRESTS FOR SIMILAR  OFFENSES  RELATED
 TO SUBSTANCE ABUSE;
   (D)  DOCUMENTATION OF REASONS FOR ANY FAILED ATTEMPTS TO COMPLETE DRUG
 COURT;
   (E) THE ARRESTING OFFICER'S TESTIMONY OF THE PRINCIPAL'S  INTOXICATION
 OR OF WITNESSING THE PRINCIPAL'S USE OF A CONTROLLED SUBSTANCE; AND
   (F) THE PRINCIPAL'S POSSESSION OF A CONTROLLED SUBSTANCE OR POSSESSION
 OF PARAPHERNALIA RELATED THERETO.
   5-B. UPON THE COMMITMENT OF SUCH PRINCIPAL TO THE CUSTODY OF THE SHER-
 IFF,  OR  AN AVAILABLE, LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPER-
 VISION, THE COURT SHALL ORDER A DULY LICENSED  PROFESSIONAL  TO  MONITOR
 SUCH  PRINCIPAL AS NEEDED TO EVALUATE THE PRINCIPAL'S NEED FOR TREATMENT
 AND/OR MEDICATIONS, AND TO COMPLETE AN EVALUATION  FOR  ADDICTION  TO  A
 CONTROLLED  SUBSTANCE.   TREATMENT, INCLUDING BUT NOT LIMITED TO MEDICA-
 TIONS, SHALL BE PROVIDED TO THE PRINCIPAL WITHOUT UNNECESSARY DELAY,  AS
 RECOMMENDED  BY  SUCH  LICENSED  PROFESSIONAL.  THE PRINCIPAL'S COMPLETE
 EVALUATION, INCLUDING RECOMMENDATIONS FOR THE CONTINUED CUSTODY OF  SUCH
 PRINCIPAL,  IMMEDIATE  RELEASE FROM CUSTODY, AND ANY OTHER PROPOSALS FOR
 THE CARE AND TREATMENT OF SUCH PRINCIPAL SHALL BE PROVIDED TO THE  COURT
 WITHOUT UNNECESSARY DELAY AND WITHIN NO MORE THAN SEVENTY-TWO HOURS FROM
 THE COMPLETION OF SUCH PRINCIPAL'S EVALUATION. THE PRINCIPAL, SUCH PRIN-
 CIPAL'S  COUNSEL  AND THE DISTRICT ATTORNEY'S OFFICE SHALL BE PROVIDED A
 COPY OF THE PRINCIPAL'S EVALUATION UPON REQUEST TO THE COURT.
   5-C. THE PRINCIPAL SHALL BE AFFORDED THE OPPORTUNITY FOR A HEARING  TO
 REQUEST  THE PRINCIPAL'S IMMEDIATE RELEASE FROM THE CUSTODY OF THE SHER-
 IFF OR CONFINEMENT IN A TREATMENT OR MENTAL HEALTH  FACILITY,  PRIOR  TO
 THE  ARRAIGNMENT  OF  SUCH PRINCIPAL. IF WITHIN SEVENTY-TWO HOURS OF THE
 COURT'S RECEIPT OF THE PRINCIPAL'S REQUEST FOR SUCH HEARING, THE PRINCI-
 PAL IS NOT BROUGHT BEFORE A LOCAL CRIMINAL COURT, THE PRINCIPAL SHALL BE
 IMMEDIATELY RELEASED FROM THE SHERIFF'S  CUSTODY  OR  CONFINEMENT  IN  A
 TREATMENT  FACILITY  OR  MENTAL HEALTH FACILITY AND SERVED AN APPEARANCE
 TICKET. THE PRINCIPAL SHALL BE ENTITLED TO  INTRODUCE  THEIR  CONTROLLED
 SUBSTANCE  EVALUATION  INCLUDING  ANY RECOMMENDATIONS MADE BY A LICENSED
 PHYSICIAN THAT PRINCIPAL SHOULD NOT BE HELD IN CUSTODY OF THE SHERIFF OR
 CONFINED AT A TREATMENT OR MENTAL HEALTH FACILITY AND THAT THE PRINCIPAL
 IS NOT IN SUBSTANTIAL RISK FOR SUBSTANCE ABUSE, OR THERE IS NOT A  LIKE-
 LIHOOD  OF THE PRINCIPAL INFLICTING SERIOUS HARM UPON THEIR RELEASE FROM
 CUSTODY. THE COURT SHALL CONSIDER THE  PRINCIPAL'S  COMPLETE  EVALUATION
 INCLUDING  TREATMENT RECOMMENDATIONS, RECORD OF ARRESTS, CONVICTIONS AND
 ANY RECORD OF PARTICIPATION IN ANY DRUG COURT AND SHALL  DECIDE  WHETHER
 TO IMMEDIATELY RELEASE SUCH PRINCIPAL FROM THE CUSTODY OF THE SHERIFF OR
 CONFINEMENT  IN  A  TREATMENT  FACILITY OR MENTAL HEALTH FACILITY, OR TO
 REMAND THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF OR CONFINEMENT  IN  A
 TREATMENT  FACILITY  OR  MENTAL HEALTH FACILITY FOR THE REMAINDER OF THE
 PRINCIPAL'S FIFTEEN DAY PERIOD OF CUSTODY OR CONFINEMENT.
   § 5. Subdivision 1 of section 510.30 of the criminal procedure law, as
 amended by section 4 of subpart A of part VV of chapter 56 of  the  laws
 of 2023, is amended to read as follows:
   1.  With  respect  to  any  principal,  the court in all cases, unless
 otherwise provided by law, must impose a securing  order  in  accordance
 with section 510.10 of this article, and shall explain the basis for its
 determination  and  choice  of  securing order on the record or in writ-
 A. 9675                             6
 
 ing[.], WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, WHETHER THE  PRINCI-
 PAL  HAS  A SUBSTANTIAL RISK OF CONTINUED SUBSTANCE ABUSE AND THERE IS A
 LIKELIHOOD OF SERIOUS HARM TO SUCH PRINCIPAL AND THERE EXISTS NO  ALTER-
 NATIVE  LESS  RESTRICTIVE  MEANS  AVAILABLE TO CONFINE OR SUPERVISE SUCH
 PRINCIPAL IN ORDER  TO  PREVENT  THE  PRINCIPAL'S  SUBSTANTIAL  RISK  OF
 CONTINUED  SUBSTANCE  ABUSE  UPON  RELEASE FROM CUSTODY. ALTERNATIVE AND
 LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPERVISION SHALL MEAN  AVAIL-
 ABLE  IMMEDIATE  COMMITMENT  OF  SUCH  PRINCIPAL  IN  A  STATE  LICENSED
 SUBSTANCE ABUSE TREATMENT CENTER, DRUG REHABILITATION CENTER  OR  MENTAL
 HEALTH FACILITY. IN MAKING ITS DETERMINATION, THE COURT MAY CONSIDER THE
 FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO:
   (A)  ADMISSION BY THE PRINCIPAL THAT THEY ARE ADDICTED TO A CONTROLLED
 SUBSTANCE;
   (B) REQUESTS BY THE PRINCIPAL'S IMMEDIATE FAMILY MEMBERS TO  HOLD  THE
 PRINCIPAL IN CUSTODY TO PREVENT THE LIKELIHOOD OF SERIOUS HARM;
   (C)  A  RECORD OF THE PRINCIPAL'S ARRESTS FOR SIMILAR OFFENSES RELATED
 TO SUBSTANCE ABUSE;
   (D) DOCUMENTATION OF REASONS FOR ANY FAILED ATTEMPTS TO COMPLETE  DRUG
 COURT;
   (E)  THE  ARRESTING  OFFICER'S TESTIMONY OF WITNESSING THE PRINCIPAL'S
 USE OF A CONTROLLED SUBSTANCE; AND
   (F) THE PRINCIPAL'S POSSESSION OF A CONTROLLED SUBSTANCE OR POSSESSION
 OF PARAPHERNALIA RELATED THERETO.
   § 6. Section 140.20 of the criminal procedure law is amended by adding
 a new subdivision 9 to read as follows:
   9. IF AFTER ARRESTING A PERSON, FOR  ANY  OFFENSE,  A  POLICE  OFFICER
 REASONABLY  BELIEVES  THE  ARRESTED  PERSON  IS  LIKELY  ADDICTED  TO  A
 CONTROLLED SUBSTANCE, SUCH ARRESTED PERSON MAY BE  TEMPORARILY  HELD  IN
 CUSTODY BUT MUST BE BROUGHT BEFORE A LOCAL CRIMINAL COURT WITHOUT UNNEC-
 ESSARY  DELAY  FOR A DETERMINATION OF WHETHER THE ARRESTED PERSON SHOULD
 BE COMMITTED TO THE CUSTODY OF THE SHERIFF UNDER SUBDIVISION  FIVE-A  OF
 SECTION  510.10,  PARAGRAPH  (C) OF SUBDIVISION ONE OF SECTION 530.20 OR
 SUBDIVISION FIVE-A OF SECTION 530.40 OF THIS CHAPTER. IN MAKING A DETER-
 MINATION THAT THE ARRESTED PERSON IS LIKELY  ADDICTED  TO  A  CONTROLLED
 SUBSTANCE  AND IS AT SUBSTANTIAL RISK FOR CONTINUED SUBSTANCE ABUSE UPON
 RELEASE FROM CUSTODY,  A  POLICE  OFFICER  MAY  CONSIDER  THE  FOLLOWING
 FACTORS, INCLUDING BUT NOT LIMITED TO:
   (A) THE ARRESTED PERSON APPEARS INTOXICATED, IMPAIRED OR INCAPACITATED
 AT  THE  TIME  OF  THE  ARREST, OR IN THE HOURS FOLLOWING THE ARREST AND
 WHILE THE ARRESTED PERSON IS IN THE CUSTODY OF THE ARRESTING OFFICERS OR
 WHILE PHYSICALLY PRESENT AT THE POLICE STATION;
   (B) ADMISSION BY THE ARRESTED PERSON  THAT  THEY  ARE  ADDICTED  TO  A
 CONTROLLED SUBSTANCE;
   (C)  REQUESTS BY THE ARRESTED PERSON'S KNOWN IMMEDIATE FAMILY MEMBERS,
 OR FELLOW RESIDENTIAL COHABITANTS, TO HOLD THE ARRESTED PERSON IN CUSTO-
 DY IN ORDER TO PREVENT THE LIKELIHOOD OF SERIOUS HARM;
   (D) KNOWLEDGE OF THE ARRESTED PERSON'S RECORD OF ARRESTS  FOR  SIMILAR
 OFFENSES DIRECTLY RELATED TO SUBSTANCE ABUSE;
   (E)  THE  ARRESTING  OFFICER  WITNESSED  THE  ARRESTED  PERSON  USE  A
 CONTROLLED SUBSTANCE; AND
   (F) THE ARRESTING OFFICER FOUND THE ARRESTED PERSON IN POSSESSION OF A
 CONTROLLED SUBSTANCE OR PARAPHERNALIA RELATED THERETO AT THE TIME OF THE
 ARREST, OR UPON A SEARCH OF SUCH ARRESTED PERSON.
   § 7. This act shall take effect immediately.