Bill Text: NY A01527 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to temporary release eligibility for judicially ordered comprehensive alcohol and substance abuse treatment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-01-08 - ordered to third reading cal.78 [A01527 Detail]
Download: New_York-2019-A01527-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1527 2019-2020 Regular Sessions IN ASSEMBLY January 15, 2019 ___________ Introduced by M. of A. RICHARDSON -- read once and referred to the Committee on Correction AN ACT to amend the correction law and the penal law, in relation to temporary release eligibility for judicially ordered comprehensive alcohol and substance abuse treatment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 851 of the correction law, as 2 amended by chapter 60 of the laws of 1994, the opening paragraph as 3 amended by chapter 320 of the laws of 2006, the closing paragraph as 4 amended by section 42 of subpart B of part C of chapter 62 of the laws 5 of 2011, is amended to read as follows: 6 2. "Eligible inmate" means: a person confined in an institution who is 7 eligible for release on parole or who will become eligible for release 8 on parole or conditional release within two years or who has completed a 9 judicially-ordered substance abuse treatment program in a state correc- 10 tional facility pursuant to subdivision six of section 60.04 of the 11 penal law. Provided, however, that a person under sentence for an 12 offense defined in paragraphs (a) and (b) of subdivision one of section 13 70.02 of the penal law, where such offense involved the use or threat- 14 ened use of a deadly weapon or dangerous instrument shall not be eligi- 15 ble to participate in a work release program until he or she is eligible 16 for release on parole or who will be eligible for release on parole or 17 conditional release within eighteen months. Provided, further, however, 18 that a person under a determinate sentence as a second felony drug 19 offender for a class B felony offense defined in article two hundred 20 twenty of the penal law, who was sentenced pursuant to section 70.70 of 21 such law, shall not be eligible to participate in a temporary release 22 program until the time served under imprisonment for his or her determi- 23 nate sentence, including any jail time credited pursuant to the 24 provisions of article seventy of the penal law, shall be at least eigh- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04522-01-9A. 1527 2 1 teen months. In the case of a person serving an indeterminate sentence 2 of imprisonment imposed pursuant to the penal law in effect after 3 September one, nineteen hundred sixty-seven, for the purposes of this 4 article parole eligibility shall be upon the expiration of the minimum 5 period of imprisonment fixed by the court or where the court has not 6 fixed any period, after service of the minimum period fixed by the state 7 board of parole. If an inmate is denied release on parole, such inmate 8 shall not be deemed an eligible inmate until he or she is within two 9 years of his or her next scheduled appearance before the state parole 10 board. In any case where an inmate is denied release on parole while 11 participating in a temporary release program, the department shall 12 review the status of the inmate to determine if continued placement in 13 the program is appropriate. No person convicted of any escape or 14 absconding offense defined in article two hundred five of the penal law 15 shall be eligible for temporary release. Further, no person under 16 sentence for aggravated harassment of an employee by an inmate as 17 defined in section 240.32 of the penal law for, any homicide offense 18 defined in article one hundred twenty-five of the penal law, for any sex 19 offense defined in article one hundred thirty of the penal law, or for 20 an offense defined in section 255.25, 255.26 or 255.27 of the penal law 21 shall be eligible to participate in a work release program as defined in 22 subdivision three of this section. Nor shall any person under sentence 23 for any sex offense defined in article one hundred thirty of the penal 24 law be eligible to participate in a community services program as 25 defined in subdivision five of this section. Notwithstanding the forego- 26 ing, no person who is an otherwise eligible inmate who is under sentence 27 for a crime involving: (a) infliction of serious physical injury upon 28 another as defined in the penal law or (b) any other offense involving 29 the use or threatened use of a deadly weapon may participate in a tempo- 30 rary release program without the written approval of the commissioner. 31 The commissioner shall promulgate regulations giving direction to the 32 temporary release committee at each institution in order to aid such 33 committees in carrying out this mandate. 34 The governor, by executive order, may exclude or limit the partic- 35 ipation of any class of otherwise eligible inmates from participation in 36 a temporary release program. Nothing in this paragraph shall be 37 construed to affect either the validity of any executive order previous- 38 ly issued limiting the participation of otherwise eligible inmates in 39 such program or the authority of the commissioner to impose appropriate 40 regulations limiting such participation. 41 § 2. Subdivision 2 of section 851 of the correction law, as amended by 42 chapter 447 of the laws of 1991, the opening paragraph as amended by 43 chapter 252 of the laws of 2005, and the closing paragraph as amended by 44 section 43 of subpart B of part C of chapter 62 of the laws of 2011, is 45 amended to read as follows: 46 2. "Eligible inmate" means: a person confined in an institution who is 47 eligible for release on parole or who will become eligible for release 48 on parole or conditional release within two years or who has completed a 49 judicially-ordered substance abuse treatment program in a state correc- 50 tional facility pursuant to subdivision six of section 60.04 of the 51 penal law. Provided, that a person under a determinate sentence as a 52 second felony drug offender for a class B felony offense defined in 53 article two hundred twenty of the penal law, who was sentenced pursuant 54 to section 70.70 of such law, shall not be eligible to participate in a 55 temporary release program until the time served under imprisonment for 56 his or her determinate sentence, including any jail time credited pursu-A. 1527 3 1 ant to the provisions of article seventy of the penal law, shall be at 2 least eighteen months. In the case of a person serving an indeterminate 3 sentence of imprisonment imposed pursuant to the penal law in effect 4 after September one, nineteen hundred sixty-seven, for the purposes of 5 this article parole eligibility shall be upon the expiration of the 6 minimum period of imprisonment fixed by the court or where the court has 7 not fixed any period, after service of the minimum period fixed by the 8 state board of parole. If an inmate is denied release on parole, such 9 inmate shall not be deemed an eligible inmate until he or she is within 10 two years of his or her next scheduled appearance before the state 11 parole board. In any case where an inmate is denied release on parole 12 while participating in a temporary release program, the department shall 13 review the status of the inmate to determine if continued placement in 14 the program is appropriate. No person convicted of any escape or 15 absconding offense defined in article two hundred five of the penal law 16 shall be eligible for temporary release. Nor shall any person under 17 sentence for any sex offense defined in article one hundred thirty of 18 the penal law be eligible to participate in a community services program 19 as defined in subdivision five of this section. Notwithstanding the 20 foregoing, no person who is an otherwise eligible inmate who is under 21 sentence for a crime involving: (a) infliction of serious physical inju- 22 ry upon another as defined in the penal law, (b) a sex offense involving 23 forcible compulsion, or (c) any other offense involving the use or 24 threatened use of a deadly weapon may participate in a temporary release 25 program without the written approval of the commissioner. The commis- 26 sioner shall promulgate regulations giving direction to the temporary 27 release committee at each institution in order to aid such committees in 28 carrying out this mandate. 29 The governor, by executive order, may exclude or limit the partic- 30 ipation of any class of otherwise eligible inmates from participation in 31 a temporary release program. Nothing in this paragraph shall be 32 construed to affect either the validity of any executive order previous- 33 ly issued limiting the participation of otherwise eligible inmates in 34 such program or the authority of the commissioner to impose appropriate 35 regulations limiting such participation. 36 § 3. Subdivision 2 of section 851 of the correction law, as added by 37 chapter 472 of the laws of 1969, is amended to read as follows: 38 2. "Eligible inmate" means a person confined in an institution where a 39 work release program has been established who is eligible for release on 40 parole or who will become eligible for release on parole within one year 41 or who has completed a judicially-ordered substance abuse treatment 42 program in a state correctional facility pursuant to subdivision six of 43 section 60.04 of the penal law. 44 § 4. Subdivision 6 of section 60.04 of the penal law, as amended by 45 section 120 of subpart B of part C of chapter 62 of the laws of 2011, is 46 amended to read as follows: 47 6. Substance abuse treatment. When the court imposes a sentence of 48 imprisonment which requires a commitment to the state department of 49 corrections and community supervision upon a person who stands convicted 50 of a controlled substance or marihuana offense, the court may, upon 51 motion of the defendant in its discretion, issue an order directing that 52 the department of corrections and community supervision enroll the 53 defendant in the comprehensive alcohol and substance abuse treatment 54 program in an alcohol and substance abuse correctional annex as defined 55 in subdivision eighteen of section two of the correction law, provided 56 that the defendant will satisfy the statutory eligibility criteria forA. 1527 4 1 participation in such program. Notwithstanding the foregoing provisions 2 of this subdivision, any defendant to be enrolled in such program pursu- 3 ant to this subdivision shall be governed by the same rules and regu- 4 lations promulgated by the department of corrections and community 5 supervision, including without limitation those rules and regulations 6 establishing requirements for completion and those rules and regulations 7 governing discipline and removal from the program. Such defendant shall 8 be deemed eligible for temporary release pursuant to subdivision two of 9 section eight hundred fifty-one of the correction law upon completion of 10 such program. No such period of court ordered corrections based drug 11 abuse treatment pursuant to this subdivision shall be required to extend 12 beyond the defendant's conditional release date. 13 § 5. This act shall take effect on the sixtieth day after it shall 14 have become a law; provided however, that the amendments to subdivision 15 2 of section 851 of the correction law made by section one of this act 16 shall be subject to the expiration and reversion of such subdivision and 17 section pursuant to subdivision (c) of section 46 of chapter 60 of the 18 laws of 1994 and section 10 of chapter 339 of the laws of 1972, as 19 amended, when upon such date the provisions of section two of this act 20 shall take effect; provided further, that the amendments to subdivision 21 2 of section 851 of the correction law made by section two of this act 22 shall expire on the same date as subdivision (c) of section 46 of chap- 23 ter 60 of the laws of 1994, section 10 of chapter 339 of the laws of 24 1972, and section 5 of chapter 554 of the laws of 1986, as amended, when 25 upon such date the provisions of section three of this act shall take 26 effect.
