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A01656 Summary:

BILL NOA01656
 
SAME ASNo Same As
 
SPONSORAubry
 
COSPNSR
 
MLTSPNSR
 
Add §249-a, Exec L; amd §390.30, CP L; add §60.14, Pen L
 
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.
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A01656 Actions:

BILL NOA01656
 
01/17/2023referred to codes
01/03/2024referred to codes
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A01656 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1656
 
SPONSOR: Aubry
  TITLE OF BILL: An act to amend the executive law, the criminal procedure law and the penal law, in relation to authorizing a sentence of conditional discharge pending completion of a substance abuse treatment program for first and second time drug offenders   PURPOSE: The purpose of this legislation is to provide the sentencing option of drug treatment to judges who must sentence certain non-violent, low-lev- el drug offenders.   SUMMARY OF PROVISIONS: Section 1: Amends the executive law by adding a new section 249-a. Section 2: Amends paragraph (a) of subdivision 3 of section 390.30 of the criminal procedure law, as added by chapter 14 of the laws of 1985. Section 3: Amends the penal law by adding a new section 60.14. Section 4: Sets forth the effective date.   JUSTIFICATION: New York State's drug laws are not cost effective because they have led to prison crowding without enhancing public safety, and because they have led to dramatic increases in prison spending. These laws are inequitable because they hurt minority communities, and they are unjust because they don't distinguish between a one-time drug offender who is simply acting as a "mule" and a "drug kingpin." Drug abuse is a terrible evil that has destroyed many lives. But the failure of the law enforcement approach of the so-called "War on Drugs" is evidenced by the many thousands of non-violent drug offenders in our prisons, while drugs continue to be sold and used in our communities. New York must return to its justices the flexibility and discretion and sentencing that they once used to treat persons with drug problems as individuals. "Lock'em up and throw away the key" and prison construction may be politically popular, but it is fiscally irresponsible to incar- cerate non-violent drug offenders and destructive to the communities that these offenders come from. A recent study published by the Drug Policy Research Center of the RAND Corporation concluded that long pris- on sentences cost more than drug treatment and do less to reduce drug consumption. The RAND study demonstrates that we can do more to reduce drug-related violence and drug consumption by mandating treatment rather than simply mandating long prison sentences. This legislation is designed to implement an approach that treats drug abuse as a public health problem as opposed to a criminal justice prob- lem. It will permit the state to spend a fraction of that amount on drug treatment programs. The savings can be used for many things, including drug treatment prevention programs for children. This bill targets non-violent offenders who are charged with simple drug possession and low-level drug sales, and offers the sentencing judge the opportunity to sentence these offenders to treatment instead of prison. It does not alter the current penalties for high-level drug possessors and drug dealers.   LEGISLATIVE HISTORY: 2021-2021: Referred to Codes in 2021 and Referred to Codes in 2022. 2019-2020: Referred to Codes in 2019 and Referred to Codes in 2020. 2017-2018: Referred to Codes in 2017 and Referred to Codes in 2018. 2015-2016: Referred to Codes in 2015 and Referred to Codes in 2016.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.
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A01656 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1656
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by M. of A. AUBRY -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the executive law, the criminal procedure  law  and  the
          penal  law,  in  relation  to  authorizing  a  sentence of conditional
          discharge pending completion of a substance  abuse  treatment  program
          for first and second time drug 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    §  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    § 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.
                                                                   LBD03930-01-3

        A. 1656                             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    § 3. The penal law is amended by adding a new section 60.14 to read as
     7  follows:
     8  § 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    § 4. This act shall take effect on the one hundred eightieth day after
    42  it shall have become a law.
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