Relates to the judicial diversion program for alcohol and substance abuse offenders

30 Co-sponsors

• Fredrick J. Akshar II
• George Amedore
• Tony Avella
• Phil Boyle
• David Carlucci
• Thomas Croci
• John A. DeFrancisco
• Simcha Felder
• Patrick M. Gallivan
• Martin J. Golden
• Joseph A. Griffo
• Kemp Hannon
• Andrew J. Lanza
• William J. Larkin Jr.
• Kenneth P. LaValle
• Betty Little
• Carl L. Marcellino
• Kathleen A. Marchione
• Jack M. Martins
• Terrence P. Murphy
• Michael F. Nozzolio
• Thomas F. O'Mara
• Robert Ortt
• Michael H. Ranzenhofer
• Patty Ritchie
• Joseph E. Robach
• Diane J. Savino
• James L. Seward
• David J. Valesky
• Catharine Young

BILL NUMBER:S1901

Title of bill

An act to amend the criminal procedure law, in relation to the judicial diversion program for alcohol and substance abuse offenders; and to amend the penal law, in relation to the crime of unauthorized departure from a rehabilitation facility

Purpose or general idea of bill

To increase safety and security at alcohol and substance abuse treatment facilities that are utilized for judicial diversion programs.

Summary of specific provisions

Section 1: Amends subdivision 4 of section 216.05 of the Criminal Procedure Law to require that when the placement of an individual in a judicial diversion program for drug and/or substance abuse is being considered, the court must take into consideration the propensity of the individual to engage in future violent conduct. This section also amends subdivisions 5 and 8 as well as paragraph (a) of subdivision 9, of section 216.05 of the Criminal Procedure Law, to allow for defendants, at the sole discretion of the court, to make court appearances by video conference.

Section 2: Amends section 216.05 of the Criminal Procedure Law by adding two new subdivisions 5-a and 12. Subdivision 5-a requires that when an authorized court determines that an eligible defendant should be offered alcohol or substance abuse treatment, or when the parties and the court agree to an eligible defendant's participation in alcohol or substance abuse treatment, the court will transmit the eligible defendant's arrest record and conviction statement to the facility where the defendant is to receive treatment. Subdivision 12 requires that any facility treating a defendant in a judicial diversion program shall notify the local police department of the defendants placement and arrest record, and shall submit to the Division of Criminal Justice Services a security plan which must be updated every five years.

Section 3: Amends the Penal Law by adding a new section 205.70, unauthorized departure from a rehabilitation facility, a class D felony. A person is guilty of unauthorized departure from a rehabilitation facility when an eligible defendant leaves, departs or escapes from the treatment facility they were assigned to as part of the judicial diversion program pursuant to section 216.05 of the Criminal Procedure Law without the consent of the court or written consent of the facility management.

Section 4: Effective date.

Justification

This legislation would require a court to consider a defendant's propensity for violence before assigning them to a judicial diversion

program for substance abuse and would require a greater level of security at facilities that treat judicial diversion defendants.

Legislative history

S.1879-A of 2014: Passed Senate, Died in Assembly Codes S.1879 of 2013: Passed Senate, Died in Assembly Codes S.3349-A of 2012: Passed Senate, Died in Assembly Codes S.3349 of 2011: Passed Senate, Died in Assembly Codes

Fiscal implications

Minimal to State

Effective date

This act shall take effect immediately.