New York S 4663: Allows courts to consider the risk of continued substance abuse

Bill Text

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S04663 Summary:

BILL NOS04663 

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SAME ASNo Same As

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SPONSORASHBY

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COSPNSRBORRELLO, HELMING, MARTINS, PALUMBO, RHOADS, ROLISON, WEBER, WEIK

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MLTSPNSR

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Amd §§510.10, 530.20, 530.40, 510.30 & 140.20, CP L

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Allows courts to consider the risk of continued substance abuse and likelihood of serious harm to the principal when considering committing such principal to the custody of the sheriff.

Go to top S04663 Actions:

BILL NOS04663 

&nbsp

02/11/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS04663 Committee&nbspVotes:

Go to topS04663 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04663 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4663

 2025-2026 Regular Sessions

 IN SENATE

 February 11, 2025
 ___________

 Introduced by Sens. ASHBY, BORRELLO, HELMING, MARTINS, PALUMBO, RHOADS,
 WEBER, WEIK -- 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 allowing
 courts to consider the risk of continued substance abuse in certain
 instances

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 510.10 of the criminal procedure law is amended by
 2 adding three new subdivisions 5-a, 5-b and 5-c to read as follows:
 3 5-a. Notwithstanding the provisions of subdivisions three and four of
 4 this section, the court may, in its discretion, commit the principal to
 5 the custody of the sheriff for a period of no more than fifteen days, if
 6 such principal has a substantial risk of continued substance abuse and
 7 there is a likelihood of serious harm to such principal and there exists
 8 no alternative less restrictive means available to confine or supervise
 9 such principal in order to prevent the principal's substantial risk of
 10 continued substance abuse upon release from custody. Alternative and
 11 less restrictive means of confinement and supervision shall mean avail-
 12 able immediate commitment of such principal in a state licensed
 13 substance abuse treatment center, drug rehabilitation center or mental
 14 health facility. In making its determination, the court may consider the
 15 following factors, including but not limited to:
 16 (a) admission by the principal that they are addicted to a controlled
 17 substance;
 18 (b) requests by the principal's immediate family members to hold the
 19 principal in custody to prevent the likelihood of serious harm;
 20 (c) a record of the principal's arrests for similar offenses related
 21 to substance abuse;
 22 (d) documentation of reasons for any failed attempts to complete drug
 23 court;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08927-01-5

 S. 4663 2

 1 (e) the arresting officer's testimony of the principal's intoxication
 2 or of witnessing the principal's use of a controlled substance; and
 3 (f) the principal's possession of a controlled substance or possession
 4 of paraphernalia related thereto.
 5 5-b. Upon the commitment of such principal to the custody of the sher-
 6 iff, or an available, less restrictive means of confinement and super-
 7 vision, the court shall order a duly licensed professional to monitor
 8 such principal as needed to evaluate the principal's need for treatment
 9 and/or medications, and to complete an evaluation for addiction to a
 10 controlled substance. Treatment, including but not limited to medica-
 11 tions, shall be provided to the principal without unnecessary delay, as
 12 recommended by such licensed professional. The principal's complete
 13 evaluation, including recommendations for the continued custody of such
 14 principal, considerations for participation in a judicial diversion
 15 program, immediate release from custody, and any other proposals for the
 16 care and treatment of such principal shall be provided to the court
 17 without unnecessary delay and within no more than seventy-two hours from
 18 the completion of such principal's evaluation. The principal, such prin-
 19 cipal's counsel and the district attorney's office shall be provided a
 20 copy of the princip