S3349-2011 Actions

• May 2, 2012: referred to codes
• May 1, 2012: DELIVERED TO ASSEMBLY
• May 1, 2012: PASSED SENATE
• Apr 30, 2012: ADVANCED TO THIRD READING
• Apr 26, 2012: 2ND REPORT CAL.
• Apr 25, 2012: 1ST REPORT CAL.579
• Mar 12, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 6, 2012: PRINT NUMBER 3349A
• Jan 6, 2012: AMEND (T) AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
• Jan 4, 2012: REFERRED TO ALCOHOLISM AND DRUG ABUSE
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 14, 2011: referred to codes
• Jun 14, 2011: DELIVERED TO ASSEMBLY
• Jun 14, 2011: PASSED SENATE
• Jun 7, 2011: ADVANCED TO THIRD READING
• Jun 6, 2011: 2ND REPORT CAL.
• Jun 2, 2011: 1ST REPORT CAL.960
• May 9, 2011: REPORTED AND COMMITTED TO FINANCE
• Mar 23, 2011: COMMITTEE DISCHARGED AND COMMITTED TO ALCOHOLISM AND DRUG ABUSE
• Feb 17, 2011: REFERRED TO CODES

S3349-2011 Meetings

S3349-2011 Calendars

S3349-2011 Votes

S3349-2011 Memo

BILL NUMBER:S3349

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to the judicial
diversion program for alcohol and substance abuse offenders

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: Subdivision 4 of section 216.05 of the criminal procedure
law, as added by section 4 of part AAA of chapter 56 of the laws of
2009, is amended 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. A
new subdivision 12 is also added which 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 a security plan to the division of criminal
justice services a security plan which must be updated every five
years.

Section 2: 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:
New Bill.

FISCAL IMPLICATIONS:
Minimal to State.

EFFECTIVE DATE:
This act shall take effect immediately.

S3349-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3349
 2011-2012 Regular Sessions
 I N  SENATE
 February 17, 2011
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 

AN ACT to amend the criminal procedure law, in relation to the  judicial
 diversion program for alcohol and substance abuse offenders
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 4 of section 216.05 of the  criminal  procedure
 law,  as  added  by  section  4 of part AAA of chapter 56 of the laws of
 2009, is amended and a new subdivision 12 is added to read as follows:

 4. When an authorized court, AFTER CONSIDERING THE UNDERLYING  CHARGES
 AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT,
 AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM
 A  LICENSED  PSYCHOLOGIST  OR  PSYCHIATRIST  AS TO THE PROPENSITY OF THE
 DEFENDANT FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN  ON-THE-RECORD
 DETERMINATION  AS TO THE REASONS WHY, BASED ON ALL EVIDENCE, determines,
 pursuant to paragraph (b) of subdivision three of this section, that  an
 eligible  defendant  should be offered alcohol or substance abuse treat
 ment, or when the parties and the court agree to an eligible defendant's
 participation in alcohol  or  substance  abuse  treatment,  an  eligible
 defendant  may  be  allowed  to  participate  in  the judicial diversion
 program offered by this article.  Prior to the court's issuing an  order
 granting judicial diversion, the eligible defendant shall be required to
 enter a plea of guilty to the charge or charges; provided, however, that
 no such guilty plea shall be required when:

 (a)  the  people  and  the court consent to the entry of such an order
 without a plea of guilty; or
 (b) based on a finding of exceptional circumstances, the court  deter
 mines  that a plea of guilty shall not be required. For purposes of this
 subdivision, exceptional circumstances exist  when,  regardless  of  the
 ultimate disposition of the case, the entry of a plea of guilty is like
 ly to result in severe collateral consequences.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03024-01-1
 
       S. 3349                             2
 12.  A  FACILITY WHICH IS TREATING A DEFENDANT UNDER THE PROVISIONS OF
 THIS SECTION SHALL NOTIFY THE LOCAL POLICE DEPARTMENT WHICH  HAS  JURIS
 DICTION  OVER  THE  MUNICIPALITY  WHERE  THE FACILITY IS LOCATED, OF THE
 DEFENDANT'S PLACEMENT AND ARREST RECORD (OR IF  THERE  BE  NO  MUNICIPAL
 POLICE  DEPARTMENT, THEN THE SHERIFF OF THE COUNTY IN WHICH THE FACILITY
 IS LOCATED), WHICH SHALL BE PROVIDED TO FACILITY STAFF AT  THE  FACILITY
 IN  A MANNER ORDERED BY THE COURT. THE FACILITY SHALL ALSO SUBMIT TO THE
 DIVISION OF CRIMINAL  JUSTICE  SERVICES  A  SECURITY  PLAN  DESIGNED  TO
 PROVIDE  FOR  THE  SAFETY  OF  STAFF,  RESIDENTS  AND THE COMMUNITY FROM
 VIOLENT BEHAVIOR BY RESIDENT. SUCH PLAN SHALL BE UPDATED AT LEAST  EVERY
 FIVE  YEARS OR AS OTHERWISE DIRECTED BY THE COMMISSIONER OF THE DIVISION
 OF CRIMINAL JUSTICE SERVICES.
 

S 2. This act shall take effect immediately.

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