Bill Text: NY S01508 | 2011-2012 | General Assembly | Introduced


Bill Title: Authorizes imposition of a sentence of conditional discharge pending the completion of a substance abuse treatment program licensed by the office of alcoholism and substance abuse services and approved by the division of probation and correctional alternatives for first or second conviction of certain controlled substance possession or marihuana possession offenses provided such offender has no prior violent felony convictions.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2012-03-07 - DEFEATED IN CRIME VICTIMS, CRIME AND CORRECTION [S01508 Detail]

Download: New_York-2011-S01508-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1508
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 10, 2011
                                      ___________
       Introduced by Sens. MONTGOMERY, BRESLIN, DILAN, DUANE, HASSELL-THOMPSON,
         KRUEGER  --  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, the criminal procedure  law  and  the
         penal  law,  in  relation  to  establishing  substance abuse treatment
         alternatives for certain offenders
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The executive law is amended by adding a new section 249-a
    2  to read as follows:
    3    S 249-A. SUBSTANCE ABUSE TREATMENT ALTERNATIVE  PROGRAMS  FOR  CERTAIN
    4  OFFENDERS.  1. THE DIRECTOR SHALL ENTER INTO AGREEMENTS WITH RESIDENTIAL
    5  SUBSTANCE ABUSE TREATMENT PROGRAMS TO PROVIDE FOR THE CARE AND TREATMENT
    6  OF ELIGIBLE OFFENDERS SENTENCED PURSUANT TO SECTION 60.14 OF  THE  PENAL
    7  LAW.
    8    2.  SUCH  PROGRAMS  SHALL  BE LICENSED BY THE OFFICE OF ALCOHOLISM AND
    9  SUBSTANCE ABUSE SERVICES AND  SHALL  BE  APPROVED  BY  THE  DIVISION  OF
   10  PROBATION AND CORRECTIONAL ALTERNATIVES.
   11    3.  UPON  THE  SATISFACTORY COMPLETION OF THE COURSE OF TREATMENT, THE
   12  ELIGIBLE OFFENDER SHALL HAVE THE COURT IMPOSED SENTENCE  OF  CONDITIONAL
   13  DISCHARGE TERMINATED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 410.90
   14  OF THE CRIMINAL PROCEDURE LAW.
   15    S  2. Paragraph (a) of subdivision 3 of section 390.30 of the criminal
   16  procedure law, as added by chapter 14 of the laws of 1985, is amended to
   17  read as follows:
   18    (a) The report of the pre-sentence investigation must contain an anal-
   19  ysis of as much of the information gathered in the investigation as  the
   20  agency  that  conducted the investigation deems relevant to the question
   21  of sentence.  WHERE APPROPRIATE, THE REPORT SHALL  INCLUDE  A  TREATMENT
   22  PLAN  INCLUDING  BUT  NOT  LIMITED  TO  A  LISTING OF AVAILABLE LICENSED
   23  SUBSTANCE ABUSE PROGRAMS TO PROVIDE FOR THE CARE AND TREATMENT OF OFFEN-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06133-01-1
       S. 1508                             2
    1  DERS SENTENCED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION  ONE  OF
    2  SECTION  60.14 OF THE PENAL LAW.  The report must also include any other
    3  [imformation] INFORMATION that the court directs to be included and  the
    4  material  required  by  paragraph (b) of this subdivision which shall be
    5  considered part of the report.
    6    S 3. The penal law is amended by adding a new section 60.14 to read as
    7  follows:
    8  S 60.14 AUTHORIZED DEPOSITIONS;  CRIMINAL  POSSESSION  OF  A  CONTROLLED
    9              SUBSTANCE.
   10    1.  THE  SENTENCE  OF  ANY  PERSON CONVICTED OF A VIOLATION OF SECTION
   11  220.03 OF THIS CHAPTER, CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
   12  THE SEVENTH DEGREE, SECTION 220.06 OF THIS CHAPTER, CRIMINAL  POSSESSION
   13  OF A CONTROLLED SUBSTANCE IN THE FIFTH DEGREE, OR SECTION 221.20 OF THIS
   14  CHAPTER,  CRIMINAL  POSSESSION  OF  MARIHUANA  IN  THE THIRD DEGREE, FOR
   15  EITHER THE FIRST OR SECOND TIME WHO HAS NO PRIOR CONVICTION FOR  ANY  OF
   16  THE  OTHER PROVISIONS  OF ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER AND
   17  ALSO HAS NO PRIOR  VIOLENT  FELONY  CONVICTION  SHALL  BE  CONDITIONALLY
   18  DISCHARGED  PROVIDED  SUCH  PERSON  AGREES  TO  ATTEND, AND SUCCESSFULLY
   19  COMPLETES AN ALTERNATIVE PROGRAM OF SUBSTANCE ABUSE  TREATMENT  APPROVED
   20  IN  ACCORDANCE  WITH  SECTION  TWO HUNDRED FORTY-NINE-A OF THE EXECUTIVE
   21  LAW.
   22    2. THE COURT SHALL IMPOSE SUCH A SENTENCE ON THE  CONDITION  THAT  THE
   23  OFFENDER  PARTICIPATE IN A SUBSTANCE ABUSE TREATMENT ALTERNATIVE PROGRAM
   24  FOR A SPECIFIED PERIOD OF TIME AS DETERMINED BY THE COURT.
   25    3. UPON COMPLETION OF A COURSE OF TREATMENT, THE COURT SHALL TERMINATE
   26  THE SENTENCE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 410.90 OF  THE
   27  CRIMINAL  PROCEDURE  LAW.  IF  THE  COURT  DETERMINES  THAT THE OFFENDER
   28  ABSCONDED FROM THE SUBSTANCE ABUSE TREATMENT ALTERNATIVE PROGRAM OR THAT
   29  THE SENTENCE IS NO LONGER SUITABLE  BECAUSE  IT  ENDANGERS  THE  SAFETY,
   30  SECURITY OR ORDER OF SUCH TREATMENT FACILITY OR THAT THE OFFENDER OTHER-
   31  WISE VIOLATES THE TERMS AND CONDITIONS OF THE SENTENCE, THE SENTENCE MAY
   32  BE  REVOKED. UPON REVOCATION, THE OFFENDER SHALL BE SENTENCED IN ACCORD-
   33  ANCE WITH THE OTHER PROVISIONS OF THIS  CHAPTER  APPLICABLE  TO  PERSONS
   34  CONVICTED  OF  CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE OR CRIMINAL
   35  POSSESSION OF MARIHUANA, AS THE CASE MAY BE.
   36    4. THE COURT SHALL CONDUCT AN ONGOING EVALUATION OF THE  PROGRAM.  THE
   37  COURT  SHALL  UNDERTAKE  STUDIES  IN  CONJUNCTION  WITH  THE DIVISION OF
   38  PROBATION AND CORRECTIONAL ALTERNATIVES, THE DIVISION OF PAROLE AND  THE
   39  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE ABUSE SERVICES TO ENSURE THAT THE
   40  PROGRAMMATIC OBJECTIVES ARE MET.
   41    S 4. This act shall take effect on the one hundred eightieth day after
   42  it shall have become a law.
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