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Bill > A04244


NY A04244

Allows for principals to be remanded into custody for drug treatment where there is a risk of continued substance abuse or the use of an opioid antagonist was required.


summary

Introduced
01/31/2025
In Committee
01/31/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the criminal procedure law and the mental hygiene law, in relation to allowing for principals to be remanded into custody for drug treatment where there is a risk of continued substance abuse

AI Summary

This bill allows judges to commit individuals to sheriff's custody or treatment facilities for up to 15 days if they are deemed to have a substantial risk of continuing substance abuse and pose a likelihood of serious harm, with no less restrictive alternatives available. The bill provides a detailed framework for such commitments, requiring a licensed professional to evaluate the individual's need for treatment within 72 hours and provide recommendations to the court. Factors the court may consider include previous drug court failures, family requests, arrest records, evidence of substance use, and possession of controlled substances. The individual has the right to a hearing to request release and can introduce evaluation evidence from a licensed physician challenging their detention. The bill also updates various sections of mental hygiene law to include drug overdose requiring an opioid antagonist as a factor in determining potential harm, and modernizes language to use gender-neutral terms like "themself" instead of gender-specific pronouns. The legislation aims to provide a structured approach to addressing substance abuse risks while ensuring due process for the individuals involved.

Committee Categories

Housing and Urban Affairs

Sponsors (7)

Last Action

held for consideration in codes (on 04/02/2025)

bill text


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