Signed by Governor Kathy Hochul

Vote Smart's Synopsis:

Vote to pass a bill that expands the number of eligible crimes committed by individuals with a substance use disorder. Updates the term "substance abuse" to "substance use".

Highlights:

• Expands the number of eligible crimes for rehabilitation committed by individuals with a substance use disorder to ensure judges can order individuals with a substance use problem to treatment instead of incarceration (Sec. 2).

• Expands the definition of “Substance Abuse” to “Substance Use,” ensuring individuals with substance use disorders have a greater chance for rehabilitation (Sec. 1).

• Classifies an “alcohol and substance use evaluation” as a written assessment and report by a court-approved entity or licensed healthcare professional experienced in the treatment of alcohol and substance use disorder, or by an addiction and substance abuse counselor credentialed by the office of addiction services and supports which will include (Sec. 1):

• An evaluation as to whether the defendant has a history of alcohol or substance use disorder, as such terms are defined in the diagnostic and statistical manual of mental disorders, and a co-occuring mental disorder or mental illness and the relationship between such use and mental disorder or mental illness;

• A recommendation as to whether the defendant’s alcohol or substance use, if any, could be effectively addressed by judicial diversion;

• A recommendation as to the treatment modality, level of care, and length of any proposed treatment to effectively address the defendant’s alcohol or substance use and any co-occurring mental disorder or illness; and

• Any other information, factor, circumstance, or recommendation deemed relevant by the assessing entity or specifically requested by the court. 

• Establishes that any defendant may at any time advise the court that he or she wishes to terminate participation in the judicial diversion program, at which time the court shall proceed with the case and, where applicable, will impose a sentence following the plea agreement (Sec. 4).

• Establishes that any defendant participating in the judicial diversion treatment and any resident of this state who is covered under a private health insurance policy or contract issued for delivery in this state, or who is covered by a self-funded plan which provides coverage for the diagnosis and treatment of chemical abuse and chemical dependence however defined in such policy; shall first seek reimbursement for such treatment following the provisions of such policy or contract (Sec. 4).

• Establishes that this act will take effect immediately (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that expands the number of eligible crimes committed by individuals with a substance use disorder. Updates the term "substance abuse" to "substance use".

Highlights:

• Expands the number of eligible crimes for rehabilitation committed by individuals with a substance use disorder to ensure judges can order individuals with a substance use problem to treatment instead of incarceration (Sec. 2).

• Expands the definition of “Substance Abuse” to “Substance Use,” ensuring individuals with substance use disorders have a greater chance for rehabilitation (Sec. 1).

• Classifies an “alcohol and substance use evaluation” as a written assessment and report by a court-approved entity or licensed healthcare professional experienced in the treatment of alcohol and substance use disorder, or by an addiction and substance abuse counselor credentialed by the office of addiction services and supports which will include (Sec. 1):

• An evaluation as to whether the defendant has a history of alcohol or substance use disorder, as such terms are defined in the diagnostic and statistical manual of mental disorders, and a co-occuring mental disorder or mental illness and the relationship between such use and mental disorder or mental illness;

• A recommendation as to whether the defendant’s alcohol or substance use, if any, could be effectively addressed by judicial diversion;

• A recommendation as to the treatment modality, level of care, and length of any proposed treatment to effectively address the defendant’s alcohol or substance use and any co-occurring mental disorder or illness; and

• Any other information, factor, circumstance, or recommendation deemed relevant by the assessing entity or specifically requested by the court. 

• Establishes that any defendant may at any time advise the court that he or she wishes to terminate participation in the judicial diversion program, at which time the court shall proceed with the case and, where applicable, will impose a sentence following the plea agreement (Sec. 4).

• Establishes that any defendant participating in the judicial diversion treatment and any resident of this state who is covered under a private health insurance policy or contract issued for delivery in this state, or who is covered by a self-funded plan which provides coverage for the diagnosis and treatment of chemical abuse and chemical dependence however defined in such policy; shall first seek reimbursement for such treatment following the provisions of such policy or contract (Sec. 4).

• Establishes that this act will take effect immediately (Sec. 4).

Full Bill Text