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.
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.
