Prohibits courts from conditioning release of an eligible defendant into a judicial diversion program upon treatment using any specified type or brand of drug

6 Co-sponsors

• Fredrick J. Akshar II
• George Amedore
• George Latimer
• Kathleen A. Marchione
• Thomas F. O'Mara
• Robert Ortt

Title of bill

An act to amend the criminal procedure law, in relation to participation in treatment for opioid abuse or dependence under the judicial diversion program

Purpose

This bill prohibits conditioning the participation of a defendant in a judicial diversion program upon the specified type or brand of medically prescribed treatment.

Summary of provisions

Section one amends subdivision 5 of section 216.05 of the criminal procedure law, relating to the release conditions of a defendant participating in a judicial diversion program, to establish that no court shall require the use of any specified type or brand of drug during the course of medically prescribed drug treatment.

Section two establishes the effective date.

Justification

On February 5, 2015, the Office of National Drug Control Policy, released a statement announcing that drug courts which receive federal funding may no longer prohibit the use of medically assisted treatment. In response, the legislature passed, and Governor Cuomo signed into law chapter 258, which established statewide uniformity in drug treatment courts by allowing defendants to obtain medically prescribed treatment for opioid abuse or dependence while participating in a judicial diversion program. Unfortunately, the sponsors of this legislation have subsequently been contacted by various addiction recovery organizations advocating for clarification to the law. It has been discovered that some judges are conditioning participation in the diversion program on the use of a specific brand of medication, limiting the accessibility of the program and a successful recovery. While the legislature has the utmost respect for judicial discretion, the decision of what type or brand of medication to prescribe an individual should be solely between the defendant/patient and his or her health care professional.

Legislative history

New bill

Fiscal implications

None

Effective date

This act shall take effect immediately and shall apply to every defendant applying for participation in or participating in a judicial diversion program, pursuant to article 216 of the criminal procedure law, on or after such date.