Relates to authorizing alcohol and substance abuse treatment in another jurisdiction for defendants in judicial diversion programs

12 Co-sponsors

• Fredrick J. Akshar II
• George Amedore
• Phil Boyle
• Thomas Croci
• Rich Funke
• Patrick M. Gallivan
• Kemp Hannon
• Betty Little
• Kathleen A. Marchione
• Terrence P. Murphy
• Thomas F. O'Mara
• Robert Ortt

Title of bill

An act to amend the criminal procedure law, in relation to authorizing alcohol and substance abuse treatment in another jurisdiction for defendants in judicial diversion programs

Purpose or general idea of bill

To permit persons otherwise eligible to participate in alcohol or substance abuse treatment diversion programs to utilize programs in the district in which they reside.

Summary of specific provisions

Section One - amends first subdivision 1 of section 216 of the Criminal Procedure Law (which will expire July 5, 2021) to provide that a defendant can participate in an alcohol and substance abuse treatment program in a jurisdiction where the defendant resides or in any other jurisdiction.

Section Two - Effective date.

Justification

Unfortunately, it is not uncommon for defendants to be charged with substance abuse related charges in jurisdictions away from their homes, whether as a result of general travel, attendance at an out-of-town school or perhaps attendance at a sports event or concert. Such defendants may be otherwise eligible for a judicial diversion program, but the jurisdiction where the court is located offering such a program may not accept nonresidents and even if it would, the time required to travel to the program makes participation impossible. Yet, these court diversion programs have proven to be an effective treatment option that reduces the likelihood of future criminal activity. This bill will allow courts, at their discretion, to permit an eligible defendant to participate in a diversion program near his or her home, expanding the number of defendants who can participate in such programs, and increasing positive outcomes for these defendants and their families.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately, provided that the amendments to the opening paragraph of subdivision 1 of section 216 of the CPL made by section one of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 4 of part AAA of Chapter 56 of the Laws of 2009, as amended, when upon such date the provisions of section two of this act shall take effect.