New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A08163 Summary:

A08163 Actions:

A08163 Committee Votes:

Committee:CODES   Chair:Dinowitz      
DATE:02/01/2022AYE/NAY:15/6  Action: Favorable         
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Montesano
Nay
Cymbrowitz
Aye
Reilly
Nay
O'Donnell
Excused
Mikulin
Nay
Lavine
Aye
Tannousis
Nay
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye

A08163 Floor Votes:

A08163 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8163A
 
SPONSOR: Epstein

 
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 mandated to attend a substance use treat-
ment 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 provides 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 nonre-
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
defendant's treatment matches their preferences so they can actually
benefit from the treatment.  This legislation establishes a clear proc-
ess 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 iden-
tify an alternative.
 
 
LEGISLATIVE HISTORY:
 
New bill
 
 
FISCAL IMPLICATIONS:
 
 
Potential to provide savings to the state by limiting liability for
court and prison personnel.
 
 
EFFECTIVE DATE:
60 days after becoming law

A08163 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8163--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      July 7, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  EPSTEIN,  GOTTFRIED,  STECK -- read once and
          referred to the Committee on Codes -- recommitted to the Committee  on
          Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10891-04-2
        A. 8163--A                          2
 
     1  engaging in criminal behaviors; (iii) if the defendant  needs  treatment
     2  for  opioid use, that he or she may participate in and receive medically
     3  prescribed drug treatments under the care of a health care  professional
     4  licensed  or  certified  under  title eight of the education law, acting
     5  within his or her lawful scope of practice, provided that no court shall
     6  require the use of any specified type or brand of drug during the course
     7  of medically prescribed drug treatments.
     8    (b) Prior to specifying an alcohol or substance use program, the court
     9  shall inquire, on the record, whether the defendant has an objection  to
    10  any  religious  element  of  that program. If the defendant objects to a
    11  religious element of the program, the court shall identify  an  alterna-
    12  tive  equivalent  program  to  which  the  defendant  has  no  religious
    13  objection, and the defendant shall confirm on the record.
    14    § 3. Paragraph (e) of subdivision 2 of section 65.10 of the penal law,
    15  as amended by chapter 742 of the laws of 1981, is  amended  to  read  as
    16  follows:
    17    (e)  Participate  in an alcohol or substance [abuse] use program or an
    18  intervention program approved by the court after consultation  with  the
    19  local  probation department having jurisdiction, or such other public or
    20  private agency as the court determines to be  appropriate,  except  that
    21  the  court  shall first determine whether the defendant has an objection
    22  to any religious element of that program. If the defendant objects to  a
    23  religious element of the program, the court shall approve an alternative
    24  equivalent program to which the defendant has no religious objection;
    25    §  4.  This  act  shall take effect on the sixtieth day after it shall
    26  have become a law.