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NY S07649
Bill
Status
2/4/2020
Primary Sponsor
Christopher Jacobs
Click for details
AI Summary
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Adds controlled substance offenses (Article 220 of Penal Law) as qualifying offenses for bail and pretrial release decisions in Criminal Procedure Law sections 510.10, 530.20, and 530.40.
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Allows courts to commit defendants with substance abuse charges to sheriff custody for up to 15 days if they have substantial risk of continued substance abuse and likelihood of serious harm, with no less restrictive alternatives available.
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Requires courts to order licensed professional evaluation within 72 hours to assess treatment needs and addiction, with treatment provided without unnecessary delay.
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Grants defendants right to hearing before arraignment to request release, with automatic release if not brought before court within 72 hours of hearing request.
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Allows police officers to hold arrested persons believed addicted to controlled substances pending court appearance, considering factors including intoxication, admission of addiction, family requests for custody, arrest history for substance-related offenses, and possession of controlled substances or paraphernalia.
Legislative Description
Qualifies controlled substance offenses for bail and allows police officers and 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.
Last Action
RECOMMIT, ENACTING CLAUSE STRICKEN
8/11/2020