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S00742 Summary:

BILL NOS00742
 
SAME ASNo Same As
 
SPONSORMONTGOMERY
 
COSPNSRCOMRIE, KRUEGER
 
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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S00742 Text:



 
                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.
                                                                   LBD03339-01-9

        S. 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.
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