Bill Text: NY S00278 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to authorizing early parole release for inmates where substance abuse was a significant contributing factor in the commission of the offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S00278 Detail]

Download: New_York-2021-S00278-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           278

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction

        AN  ACT  to  amend  the  executive law and the penal law, in relation to
          authorizing early parole release for inmates where substance abuse was
          a significant contributing factor in the commission 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 9 to read as follows:
     3    9. Early release for certain inmates. (a)  Notwithstanding  any  other
     4  provision  of law, where an inmate's record reveals that substance abuse
     5  was a significant contributing factor in the commission of  his  or  her
     6  offense  and  where  such inmate has successfully completed a program of
     7  treatment within a correctional facility for alcohol or substance  abuse
     8  and  has  not  been disciplined by the department for drug, marihuana or
     9  alcohol use for a minimum period of two years prior to  the  application
    10  for  early  release  pursuant  to this subdivision, such inmate shall be
    11  eligible for early release to community supervision once he or  she  has
    12  completed  one-half  of  his  or  her  minimum  period of incarceration,
    13  provided that he or she is not serving a sentence  for  an  A-I  felony,
    14  other  than  an A-I felony pursuant to article two hundred twenty of the
    15  penal law, or a violent felony offense  pursuant  to  section  70.04  or
    16  70.08  of  the penal law. The department shall certify to the board that
    17  an inmate is eligible for early release to  community  supervision  when
    18  such eligibility criteria are met.
    19    (b)  To determine whether substance abuse was a significant contribut-
    20  ing factor in the commission of the offense, the board shall:
    21    (i) rely on a finding that substance abuse was a significant  contrib-
    22  uting factor in the commission of the offense by the sentencing court;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02383-01-1

        S. 278                              2

     1    (ii)  rely  on  a  determination  by  the department based on a record
     2  review once an inmate is otherwise eligible for early  release  pursuant
     3  to  paragraph (a) of this subdivision that the inmate was abusing one or
     4  more substances at the time of the commission of the crime and that such
     5  substance  abuse  appears to have been a significant contributing factor
     6  in the commission of such offense; or
     7    (iii) make a finding that substance use was a significant contributing
     8  factor in the commission of the crime when the  inmate  is  incarcerated
     9  with  a  conviction  for  any  crime  in  which  drug  or alcohol use or
    10  possession was an element.
    11    Evidence in support of the determination that substance  abuse  was  a
    12  significant  contributing  factor  in  the commission of the offense may
    13  include, but shall not be  limited  to,  a  court  record,  pre-sentence
    14  report,  social  services  record, hospital record, sworn statement of a
    15  witness other than the inmate, local  and  state  correctional  facility
    16  records,  law enforcement records, any documentation prepared at or near
    17  the time of the commission of the offense, or verification of  consulta-
    18  tion with a licensed medical or mental health professional, social work-
    19  er  or  employee of an agency that provided substance abuse treatment or
    20  counseling to the inmate.
    21    (c) In determining whether to release an inmate to early parole pursu-
    22  ant to this subdivision, the board shall apply  the  factors  listed  in
    23  paragraph  (c)  of  subdivision  two  of  this section and shall further
    24  consider any facts or circumstances submitted by the applicant  and  may
    25  take witness testimony.
    26    §  2.  Subdivision  6 of section 60.04 of the penal law, as amended by
    27  section 120 of subpart B of part C of chapter 62 of the laws of 2011, is
    28  amended to read as follows:
    29    6. Substance abuse treatment. When the court  imposes  a  sentence  of
    30  imprisonment  which  requires  a  commitment  to the state department of
    31  corrections and community supervision upon a person who stands convicted
    32  of a controlled substance or marihuana  offense,  the  court  may,  upon
    33  motion  of  the  defendant  in  its discretion,  make a finding that the
    34  substance abuse was a significant contributing factor in the  commission
    35  of  the  offense and/or may issue an order directing that the department
    36  of corrections and community supervision enroll  the  defendant  in  the
    37  comprehensive  alcohol and substance abuse treatment program in an alco-
    38  hol and substance abuse correctional annex  as  defined  in  subdivision
    39  eighteen of section two of the correction law, provided that the defend-
    40  ant will satisfy the statutory eligibility criteria for participation in
    41  such  program. Notwithstanding the foregoing provisions of this subdivi-
    42  sion, any defendant to be enrolled in  such  program  pursuant  to  this
    43  subdivision  shall be governed by the same rules and regulations promul-
    44  gated by  the  department  of  corrections  and  community  supervision,
    45  including  without  limitation  those rules and regulations establishing
    46  requirements for completion and those rules  and  regulations  governing
    47  discipline and removal from the program. No such period of court ordered
    48  corrections  based  drug  abuse  treatment  pursuant to this subdivision
    49  shall be required to extend beyond the defendant's  conditional  release
    50  date.
    51    § 3. This act shall take effect on the one hundred twentieth day after
    52  it shall have become a law.
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