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A06255 Summary:

A06255 Actions:

A06255 Committee Votes:

A06255 Floor Votes:

A06255 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6255--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 18, 2015
                                       ___________
 
        Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. GOTT-
          FRIED -- read once and referred to the Committee on Codes -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the criminal procedure law, in relation  to  authorizing
          eligible defendants, in the judicial diversion program who need treat-
          ment  for  opioid  abuse  or  dependence, to receive certain medically
          prescribed treatment therefor
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 5 and paragraph (a) of subdivision 9 of section
     2  216.05  of the criminal procedure law, as added by section 4 of part AAA
     3  of chapter 56 of the laws of 2009, are amended to read as follows:
     4    5. The defendant shall agree on the record or in writing to  abide  by
     5  the  release  conditions set by the court, which, shall include: partic-
     6  ipation in a specified period of alcohol or substance abuse treatment at
     7  a specified program or programs  identified  by  the  court,  which  may
     8  include  periods of detoxification, residential or outpatient treatment,
     9  or both, as determined after taking into account the views of the health
    10  care professional who conducted the alcohol and substance  abuse  evalu-
    11  ation  and  any health care professionals responsible for providing such
    12  treatment or monitoring the defendant's progress in such treatment;  and
    13  may  include: (i) periodic court appearances, which may include periodic
    14  urinalysis; (ii) a requirement that the defendant refrain from  engaging
    15  in criminal behaviors; (iii) if the defendant needs treatment for opioid
    16  abuse  or  dependence,  that  he  or  she may participate in and receive
    17  medically prescribed drug treatments under the care  of  a  health  care
    18  professional  licensed  or  certified under title eight of the education
    19  law, acting within his or her lawful scope of practice.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09425-04-5
        A. 6255--B                          2
 
     1    (a) If at any time during the defendant's participation in  the  judi-
     2  cial diversion program, the court has reasonable grounds to believe that
     3  the  defendant  has violated a release condition or has failed to appear
     4  before the court as requested, the court shall direct the  defendant  to
     5  appear  or  issue  a bench warrant to a police officer or an appropriate
     6  peace officer directing him or her to take the  defendant  into  custody
     7  and  bring  the  defendant  before  the court without unnecessary delay;
     8  provided, however, that under no circumstances  shall  a  defendant  who
     9  requires  treatment  for  opioid  abuse  or dependence be deemed to have
    10  violated a release condition on the basis of his or her participation in
    11  medically prescribed drug treatments under the care  of  a  health  care
    12  professional  licensed  or  certified under title eight of the education
    13  law, acting within his or her lawful scope of practice.  The  provisions
    14  of subdivision one of section 530.60 of this chapter relating to revoca-
    15  tion  of recognizance or bail shall apply to such proceedings under this
    16  subdivision.
    17    § 2. This act shall take effect immediately.