Bill Text: NY A09852 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to authorizing early parole release for incarcerated individuals where substance abuse was a significant contributing factor in the commission of the offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-19 - referred to correction [A09852 Detail]
Download: New_York-2021-A09852-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9852 IN ASSEMBLY April 19, 2022 ___________ Introduced by M. of A. GIBBS -- read once and referred to the Committee on Correction AN ACT to amend the executive law and the penal law, in relation to authorizing early parole release for incarcerated individuals where substance abuse was a significant contributing factor in the commis- sion of the offense The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 259-i of the executive law is amended by adding a 2 new subdivision 10 to read as follows: 3 10. Early release for certain incarcerated individuals. (a) Notwith- 4 standing any other provision of law, where an incarcerated individual's 5 record reveals that substance abuse was a significant contributing 6 factor in the commission of his or her offense and where such incarcer- 7 ated individual has successfully completed a program of treatment within 8 a correctional facility for alcohol or substance abuse and has not been 9 disciplined by the department for drug, marihuana or alcohol use for a 10 minimum period of two years prior to the application for early release 11 pursuant to this subdivision, such incarcerated individual shall be 12 eligible for early release to community supervision once he or she has 13 completed one-half of his or her minimum period of incarceration, 14 provided that he or she is not serving a sentence for an A-I felony, 15 other than an A-I felony pursuant to article two hundred twenty of the 16 penal law, or a violent felony offense pursuant to section 70.04 or 17 70.08 of the penal law. The department shall certify to the board that 18 an incarcerated individual is eligible for early release to community 19 supervision when such eligibility criteria are met. 20 (b) To determine whether substance abuse was a significant contribut- 21 ing factor in the commission of the offense, the board shall: 22 (i) rely on a finding that substance abuse was a significant contrib- 23 uting factor in the commission of the offense by the sentencing court; 24 (ii) rely on a determination by the department based on a record 25 review once an incarcerated individual is otherwise eligible for early 26 release pursuant to paragraph (a) of this subdivision that the incarcer- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02383-03-2A. 9852 2 1 ated individual was abusing one or more substances at the time of the 2 commission of the crime and that such substance abuse appears to have 3 been a significant contributing factor in the commission of such 4 offense; or 5 (iii) make a finding that substance use was a significant contributing 6 factor in the commission of the crime when the incarcerated individual 7 is incarcerated with a conviction for any crime in which drug or alcohol 8 use or possession was an element. 9 Evidence in support of the determination that substance abuse was a 10 significant contributing factor in the commission of the offense may 11 include, but shall not be limited to, a court record, pre-sentence 12 report, social services record, hospital record, sworn statement of a 13 witness other than the incarcerated individual, local and state correc- 14 tional facility records, law enforcement records, any documentation 15 prepared at or near the time of the commission of the offense, or 16 verification of consultation with a licensed medical or mental health 17 professional, social worker or employee of an agency that provided 18 substance abuse treatment or counseling to the incarcerated individual. 19 (c) In determining whether to release an incarcerated individual to 20 early parole pursuant to this subdivision, the board shall apply the 21 factors listed in paragraph (c) of subdivision two of this section and 22 shall further consider any facts or circumstances submitted by the 23 applicant and may take witness testimony. 24 § 2. Subdivision 6 of section 60.04 of the penal law, as amended by 25 section 120 of subpart B of part C of chapter 62 of the laws of 2011, is 26 amended to read as follows: 27 6. Substance abuse treatment. When the court imposes a sentence of 28 imprisonment which requires a commitment to the state department of 29 corrections and community supervision upon a person who stands convicted 30 of a controlled substance or marihuana offense, the court may, upon 31 motion of the defendant in its discretion, make a finding that the 32 substance abuse was a significant contributing factor in the commission 33 of the offense and/or may issue an order directing that the department 34 of corrections and community supervision enroll the defendant in the 35 comprehensive alcohol and substance abuse treatment program in an alco- 36 hol and substance abuse correctional annex as defined in subdivision 37 eighteen of section two of the correction law, provided that the defend- 38 ant will satisfy the statutory eligibility criteria for participation in 39 such program. Notwithstanding the foregoing provisions of this subdivi- 40 sion, any defendant to be enrolled in such program pursuant to this 41 subdivision shall be governed by the same rules and regulations promul- 42 gated by the department of corrections and community supervision, 43 including without limitation those rules and regulations establishing 44 requirements for completion and those rules and regulations governing 45 discipline and removal from the program. No such period of court ordered 46 corrections based drug abuse treatment pursuant to this subdivision 47 shall be required to extend beyond the defendant's conditional release 48 date. 49 § 3. This act shall take effect on the one hundred twentieth day after 50 it shall have become a law.
