S 4663 —

Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 510.10 of the criminal procedure law.

• Section 510.10 of the criminal procedure law

  which is a felony he or she , other than robbery in the second degree as defined in subdivision one of section 160.10 of the penal law, provided, however, that burglary in the second degree as defined in subdivision two of section 140.25 of the penal law shall be a qualifying offense only where the defendant is charged with entering the living area of the dwelling his or her his or her or . . → 5-a. Notwithstanding the provisions of subdivisions three and four of this section, the court may, in its discretion, commit the principal to the custody of the sheriff for a period of no more than fifteen days, if such principal has a substantial risk of continued substance abuse and there is a likelihood of serious harm to such principal and there exists no alternative less restrictive means available to confine or supervise such principal in order to prevent the principal's substantial risk of continued substance abuse upon release from custody. Alternative and less restrictive means of confinement and supervision shall mean avail- able immediate commitment of such principal in a state licensed substance abuse treatment center, drug rehabilitation center or mental health facility. In making its determination, the court may consider the following factors, including but not limited to: (a) admission by the principal that they are addicted to a controlled substance; (b) requests by the principal's immediate family members to hold the principal in custody to prevent the likelihood of serious harm; (c) a record of the principal's arrests for similar offenses related to substance abuse; (d) documentation of reasons for any failed attempts to complete drug court; italics (e) the arresting officer's testimony of the principal's intoxication or of witnessing the principal's use of a controlled substance; and (f) the principal's possession of a controlled substance or possession of paraphernalia related thereto. 5-b. Upon the commitment of such principal to the custody of the sher- iff, or an available, less restrictive means of confinement and super- vision, the court shall order a duly licensed professional to monitor such principal as needed to evaluate the principal's need for treatment and/or medications, and to complete an evaluation for addiction to a controlled substance. Treatment, including but not limited to medica- tions, shall be provided to the principal without unnecessary delay, as recommended by such licensed professional. The principal's complete evaluation, including recommendations for the continued custody of such principal, considerations for participation in a judicial diversion program, immediate release from custody, and any other proposals for the care and treatment of such principal shall be provided to the court without unnecessary delay and within no more than seventy-two hours from the completion of such principal's evaluation. The principal, such prin- cipal's counsel and the district attorney's office shall be provided a copy of the principal's evaluation upon request to the court. 5-c. The principal shall be afforded the opportunity for a hearing to request the principal's immediate release from the custody of the sher- iff or confinement in a treatment or mental health facility, prior to the arraignment of such principal. If within seventy-two hours of the court's receipt of the principal's request for such hearing, the princi- pal is not brought before a local criminal court, the principal shall be immediately released from the sheriff's custody or confinement in a treatment facility or mental health facility and served an appearance ticket. The principal shall be entitled to introduce their controlled substance evaluation including any recommendations made by a licensed physician that principal should not be held in custody of the sheriff or confined at a treatment or mental health facility and that the principal is not in substantial risk for substance abuse, or there is not a like- lihood of the principal inflicting serious harm upon their release from custody. The court shall consider the principal's complete evaluation including treatment recommendations, record of arrests, convictions and any record of participation in any drug court and shall decide whether to immediately release such principal from the custody of the sheriff or confinement in a treatment facility or mental health facility, o

  amended

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