|SAME AS||No Same As|
|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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STATE OF NEW YORK ________________________________________________________________________ 742 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sens. MONTGOMERY, COMRIE, 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 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03339-01-9S. 742 2 1 plan including but not limited to a listing of available licensed 2 substance abuse programs to provide for the care and treatment of offen- 3 ders sentenced in accordance with the provisions of subdivision one of 4 section 60.14 of the penal law. The report must also include any other 5 [ imformation] information that the court directs to be included and the 6 material required by paragraph (b) of this subdivision which shall be 7 considered part of the report. 8 § 3. The penal law is amended by adding a new section 60.14 to read as 9 follows: 10 § 60.14 Authorized depositions; criminal possession of a controlled 11 substance. 12 1. The sentence of any person convicted of a violation of section 13 220.03 of this chapter, criminal possession of a controlled substance in 14 the seventh degree, section 220.06 of this chapter, criminal possession 15 of a controlled substance in the fifth degree, or section 221.20 of this 16 chapter, criminal possession of marihuana in the third degree, for 17 either the first or second time who has no prior conviction for any of 18 the other provisions of article two hundred twenty of this chapter and 19 also has no prior violent felony conviction shall be conditionally 20 discharged provided such person agrees to attend, and successfully 21 completes an alternative program of substance abuse treatment approved 22 in accordance with section two hundred forty-nine-a of the executive 23 law. 24 2. The court shall impose such a sentence on the condition that the 25 offender participate in a substance abuse treatment alternative program 26 for a specified period of time as determined by the court. 27 3. Upon completion of a course of treatment, the court shall terminate 28 the sentence in accordance with the provisions of section 410.90 of the 29 criminal procedure law. If the court determines that the offender 30 absconded from the substance abuse treatment alternative program or that 31 the sentence is no longer suitable because it endangers the safety, 32 security or order of such treatment facility or that the offender other- 33 wise violates the terms and conditions of the sentence, the sentence may 34 be revoked. Upon revocation, the offender shall be sentenced in accord- 35 ance with the other provisions of this chapter applicable to persons 36 convicted of criminal possession of a controlled substance or criminal 37 possession of marihuana, as the case may be. 38 4. The court shall conduct an ongoing evaluation of the program. The 39 court shall undertake studies in conjunction with the division of 40 probation and correctional alternatives, the division of parole and the 41 office of alcoholism and substance abuse services to ensure that the 42 programmatic objectives are met. 43 § 4. This act shall take effect on the one hundred eightieth day after 44 it shall have become a law.