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.
STATE OF NEW YORK
________________________________________________________________________
5332
2023-2024 Regular Sessions
IN SENATE
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:
1 Section 1. Section 216.00 of the criminal procedure law is amended by
2 adding a new subdivision 3 to read as follows:
3 3. "Treatment" means any alcohol or substance use recovery program or
4 programs, which may include detoxification, medically assisted treat-
5 ment, residential treatment, outpatient treatment, and recovery-oriented
6 care and recovery support, including peer-based support.
7 § 2. Subdivision 5 of section 216.05 of the criminal procedure law, as
8 amended by chapter 435 of the laws of 2021, is amended to read as
9 follows:
10 5. (a) The defendant shall agree on the record or in writing to abide
11 by the release conditions set by the court, which, shall include:
12 participation in a specified period of alcohol or substance use treat-
13 ment at a specified program or programs identified by the court, which
14 may include periods of detoxification, residential or outpatient treat-
15 ment, or both, as determined after taking into account the views of the
16 health care professional who conducted the alcohol and substance use
17 evaluation and any health care professionals responsible for providing
18 such treatment or monitoring the defendant's progress in such treatment;
19 and may include: (i) periodic court appearances, which may include peri-
20 odic urinalysis; (ii) a requirement that the defendant refrain from
21 engaging in criminal behaviors; (iii) if the defendant needs treatment
22 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
1 prescribed drug treatments under the care of a health care professional
2 licensed or certified under title eight of the education law, acting
3 within his or her lawful scope of practice, provided that no court shall
4 require the use of any specified type or brand of drug during the course
5 of medically prescribed drug treatments.
6 (b) Prior to specifying an alcohol or substance use program, the court
7 shall inquire, on the record, whether the defendant has an objection to
8 any religious element of that program. If the defendant objects to a
9 religious element of the program, the court shall identify an alterna-
10 tive equivalent program to which the defendant has no religious
11 objection, and the defendant shall confirm on the record.
12 § 3. Paragraph (e) of subdivision 2 of section 65.10 of the penal law,
13 as amended by chapter 742 of the laws of 1981, is amended to read as
14 follows:
15 (e) Participate in an alcohol or substance [abuse] use program or an
16 intervention program approved by the court after consultation with the
17 local probation department having jurisdiction, or such other public or
18 private agency as the court determines to be appropriate, except that
19 the court shall first determine whether the defendant has an objection
20 to any religious element of that program. If the defendant objects to a
21 religious element of the program, the court shall approve an alternative
22 equivalent program to which the defendant has no religious objection;
23 § 4. This act shall take effect on the sixtieth day after it shall
24 have become a law.
