Bill Text: NY S01870 | 2013-2014 | 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 5-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S01870 Detail]

Download: New_York-2013-S01870-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1870
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sens. MONTGOMERY, BRESLIN, DILAN, HASSELL-THOMPSON, KRUEG-
         ER -- 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00789-01-3
       S. 1870                             2
    1  SUBSTANCE ABUSE PROGRAMS TO PROVIDE FOR THE CARE AND TREATMENT OF OFFEN-
    2  DERS  SENTENCED  IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION ONE OF
    3  SECTION 60.14 OF THE PENAL LAW.  The report must also include any  other
    4  [imformation]  INFORMATION that the court directs to be included and the
    5  material required by paragraph (b) of this subdivision  which  shall  be
    6  considered part of the report.
    7    S 3. The penal law is amended by adding a new section 60.14 to read as
    8  follows:
    9  S  60.14  AUTHORIZED  DEPOSITIONS;  CRIMINAL  POSSESSION OF A CONTROLLED
   10              SUBSTANCE.
   11    1. THE SENTENCE OF ANY PERSON CONVICTED  OF  A  VIOLATION  OF  SECTION
   12  220.03 OF THIS CHAPTER, CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
   13  THE  SEVENTH DEGREE, SECTION 220.06 OF THIS CHAPTER, CRIMINAL POSSESSION
   14  OF A CONTROLLED SUBSTANCE IN THE FIFTH DEGREE, OR SECTION 221.20 OF THIS
   15  CHAPTER, CRIMINAL POSSESSION OF  MARIHUANA  IN  THE  THIRD  DEGREE,  FOR
   16  EITHER  THE  FIRST OR SECOND TIME WHO HAS NO PRIOR CONVICTION FOR ANY OF
   17  THE OTHER PROVISIONS  OF ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER  AND
   18  ALSO  HAS  NO  PRIOR  VIOLENT  FELONY  CONVICTION SHALL BE CONDITIONALLY
   19  DISCHARGED PROVIDED SUCH  PERSON  AGREES  TO  ATTEND,  AND  SUCCESSFULLY
   20  COMPLETES  AN  ALTERNATIVE PROGRAM OF SUBSTANCE ABUSE TREATMENT APPROVED
   21  IN ACCORDANCE WITH SECTION TWO HUNDRED  FORTY-NINE-A  OF  THE  EXECUTIVE
   22  LAW.
   23    2.  THE  COURT  SHALL IMPOSE SUCH A SENTENCE ON THE CONDITION THAT THE
   24  OFFENDER PARTICIPATE IN A SUBSTANCE ABUSE TREATMENT ALTERNATIVE  PROGRAM
   25  FOR A SPECIFIED PERIOD OF TIME AS DETERMINED BY THE COURT.
   26    3. UPON COMPLETION OF A COURSE OF TREATMENT, THE COURT SHALL TERMINATE
   27  THE  SENTENCE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 410.90 OF THE
   28  CRIMINAL PROCEDURE LAW.  IF  THE  COURT  DETERMINES  THAT  THE  OFFENDER
   29  ABSCONDED FROM THE SUBSTANCE ABUSE TREATMENT ALTERNATIVE PROGRAM OR THAT
   30  THE  SENTENCE  IS  NO  LONGER  SUITABLE BECAUSE IT ENDANGERS THE SAFETY,
   31  SECURITY OR ORDER OF SUCH TREATMENT FACILITY OR THAT THE OFFENDER OTHER-
   32  WISE VIOLATES THE TERMS AND CONDITIONS OF THE SENTENCE, THE SENTENCE MAY
   33  BE REVOKED. UPON REVOCATION, THE OFFENDER SHALL BE SENTENCED IN  ACCORD-
   34  ANCE  WITH  THE  OTHER  PROVISIONS OF THIS CHAPTER APPLICABLE TO PERSONS
   35  CONVICTED OF CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  OR  CRIMINAL
   36  POSSESSION OF MARIHUANA, AS THE CASE MAY BE.
   37    4.  THE  COURT SHALL CONDUCT AN ONGOING EVALUATION OF THE PROGRAM. THE
   38  COURT SHALL UNDERTAKE  STUDIES  IN  CONJUNCTION  WITH  THE  DIVISION  OF
   39  PROBATION  AND CORRECTIONAL ALTERNATIVES, THE DIVISION OF PAROLE AND THE
   40  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES  TO  ENSURE  THAT  THE
   41  PROGRAMMATIC OBJECTIVES ARE MET.
   42    S 4. This act shall take effect on the one hundred eightieth day after
   43  it shall have become a law.
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