Provides that the results of urine tests conducted pursuant to a judicial diversion program shall be private and confidential.
Summary
S01819 amends New York’s criminal procedure law governing judicial diversion programs to make urine test results and related information private and confidential. Under the bill, urinalysis results obtained as part of a diversion program may not be disclosed to the court or an adverse party unless the person tested consents, and a positive result showing use of a non-prescribed substance may not be used as evidence in a criminal action against that person. The bill still allows the results to be shared with the designated treatment program or programs overseeing the defendant’s treatment.
The measure also preserves the existing structure of judicial diversion by continuing to require treatment participation and allowing periodic court appearances, while clarifying that people needing opioid use treatment may receive medically prescribed drug treatment from licensed health care professionals. It further states that courts may not require any specific drug type or brand as part of that treatment. The bill takes effect immediately.
Impact
The bill narrows disclosure and evidentiary use of urinalysis information in judicial diversion cases, changing the criminal procedure law to create a confidentiality rule for test results and related information. It affects courts, prosecutors, defense counsel, treatment providers, and defendants participating in diversion programs by limiting how urine test data can be shared and used, while still permitting disclosure to treatment programs for clinical monitoring. It also reinforces protections for medication-assisted treatment in opioid cases by preventing courts from mandating a particular medication brand or type.
Sentiment
The bill appears to have broad support overall, passing the Senate Alcoholism and Substance Use Disorders Committee and the Senate Codes Committee by large margins and clearing the Senate floor, though not unanimously. The voting pattern suggests general agreement with the bill’s privacy and treatment-focused approach, with some members still opposed or unconvinced at each stage. No committee transcript is available, so the record reflects support inferred primarily from the favorable votes and the bill’s advancement.
Contention
The main point of contention is the balance between confidentiality and criminal justice oversight. Supporters likely view the bill as protecting participants in treatment-oriented diversion programs from having sensitive test results used against them, which may encourage treatment participation and honesty in recovery. Opponents may be concerned that limiting disclosure and barring use of positive urine tests in criminal proceedings could reduce judicial or prosecutorial oversight and weaken accountability in diversion cases. The bill also touches on medication-assisted treatment, an area that can generate debate over court authority versus medical discretion.
Authorizes the department of health to establish a program for familial dysautonomia, Canavan's and Tay-Sachs disease screening and counseling and to provide grants and to enter into contracts with public and non-profit private entities to assist in such program; provides that participation in such program shall be voluntary and all information shall be confidential.
Provides for the notification of individuals when their address confidentiality time period is expiring no later than six months prior to such expiration; provides that such notification shall include information on how to reapply.
Provides that arbitration awards in consumer and employment disputes, where the arbitration is conducted pursuant to a contract, shall include all issues in dispute and the arbitrator's findings of fact and conclusions of law.
Provides that arbitration awards in consumer and employment disputes, where the arbitration is conducted pursuant to a contract, shall include all issues in dispute and the arbitrator's findings of fact and conclusions of law.
Provides that any volunteer agency who is granted state aid by the office of addiction services and supports or pursuant to a contract with a local governmental unit shall receive the full amount of such state aid within sixty days from approval; provides that volunteer agencies shall have two years to spend such aid.
Relates to nonhuman primates in testing and research facilities; provides that an animal testing facility no longer in need of a nonhuman primate in its possession shall consider options for and determine the appropriate care of such nonhuman primate, including releasing such nonhuman primate to a certified sanctuary; provides that a higher education research facility that receives public money, or a facility that provides research in collaboration with a higher education facility, shall annually publish certain information on its website concerning nonhuman primates at such facility.