NY State Senate Bill 2023-S5332

Senate Bill S5332

2023-2024 Legislative Session

Requires written notice to a defendant of his or her right to complete court ordered alcohol or substance use treatment in a nonreligious treatment program

download bill text pdf

Current Bill Status Via A5074 - Passed Senate

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2023	returned to assembly passed senate 3rd reading cal.1041 substituted for s5332
May 30, 2023	substituted by a5074
May 22, 2023	advanced to third reading
May 18, 2023	2nd report cal.
May 17, 2023	1st report cal.1041
Mar 02, 2023	referred to alcoholism and substance use disorders

Votes

- May 30, 2023 - Floor Vote
  A5074
  
  45
  
  Aye
  
  16
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2023
      
      aye (45)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (16)
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      Helming
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weber
      
      excused (2)
      
      Cooney
      
      Weik
  May 17, 2023 - Alcoholism And Substance Use Disorders Committee Vote
  S5332
  
  5
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Alcoholism And Substance Use Disorders Committee Vote: May 17, 2023
      
      aye (5)
      
      Fernandez
      
      Harckham
      
      Martinez
      
      Rivera
      
      Ryan
      
      nay (1)
      
      Oberacker
      
      aye wr (1)
      
      Rolison

co-Sponsors

2023-S5332 (ACTIVE) - Details

See Assembly Version of this Bill:: A5074
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§216.00 & 216.05, CP L; amd §65.10, Pen L
Versions Introduced in 2023-2024 Legislative Session:: S5332, A5074

2023-S5332 (ACTIVE) - Summary

Requires written notice to a defendant of his or her right to complete court ordered alcohol or substance use treatment in a nonreligious treatment program.

2023-S5332 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5332

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 use treatment in a nonre-
ligious treatment program

 
PURPOSE:

To ensure eligible defendants are mandated to attend a substance use
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

Section 2 amends subdivision 5 of section 216.05 of the criminal proce-

dure law to establish a process for the court to determine whether a
defendant set to be mandated to attend a substance use treatment program
has an objection to any religious element of that program and for the
court to identify a nonreligious alternative if the defendant has such
an objection

Section 3 amends paragraph (e) of subdivision 2 of section 65.10 of the
penal law to establish the process outlined above for probationers

Section 4 states the effective date

 
JUSTIFICATION:

Courts have repeatedly recognized the rights of defendants mandated to
attend a substance use treatment program to attend a nonreligious
program if they object to the religious components of a faith-based
program. Yet, there is no statutory requirement for the court to inform
an eligible defendant of his or her right to seek treatment in a non-re-
ligious program. Without clear direction, the state remains vulnerable
to costly lawsuits brought by defendants seeking to enforce their
constitutional rights. Furthermore, it should be a priority of the court
to ensure that a defendants treatment matches their preferences so they
can actually benefit from the treatment.

This legislation establishes a clear process by which the court would
ascertain whether a defendant set to be mandated to attend a substance
use treatment program has an objection to any religious element of such
a program and requires the court to identify an alternative.

 
LEGISLATIVE HISTORY:

2021-2022: S7313A/A8163 - Vetoed by Governor

 
FISCAL IMPLICATIONS:

Potential to provide savings to the state by limiting liability for
court and prison personnel.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2023-S5332 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5332
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced by Sens. HARCKHAM, KRUEGER -- read twice and ordered printed,
   and  when  printed  to be committed to the Committee on Alcoholism and
   Substance Use Disorders
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09921-01-3

 S. 5332                             2
 
 prescribed drug treatments under the care of a health care  professional
 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.

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Senate Bill S5332

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Sponsored By

Pete Harckham