NY State Senate Bill 2009-S1270

Senate Bill S1270

2009-2010 Legislative Session

Authorizes a sentence of conditional discharge pending completion of a substance abuse treatment program for first and second time drug possessors

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to crime victims, crime and correction
Jan 28, 2009	referred to crime victims, crime and correction

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2009-S1270 (ACTIVE) - Details

See Assembly Version of this Bill:: A1677
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Add §249-a, Exec L; amd §390.30, CP L; add §60.14, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1508, A4841
2013-2014: S1870, A2662
2015-2016: S982, A1642
2017-2018: S4484, A3612
2019-2020: S742, A4050
2021-2022: A2341
2023-2024: A1656

2009-S1270 (ACTIVE) - Summary

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.

2009-S1270 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1270

 TITLE OF BILL :
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


 PURPOSE :
To provide the sentencing option of drug treatment to judges who must
sentence certain non-violent, low-level drug offenders.

 SUMMARY OF PROVISIONS :
Section 1 amends the Executive Law by adding a new section 249-a which
directs the State Director of Probation and Correctional Alternatives
to enter into agreements with residential treatment providers to
provide for the treatment and care of drug offenders who are sentenced
to substance abuse treatment pursuant to Penal Law § 60.14. These
programs must be licensed by the Office of Alcoholism and Substance
Abuse Services and must be approved by the Division of Probation and
Correctional Alternatives.

Section 2 amends the Criminal Procedure Law § 390.30 to provide that a
pre-sentence investigation report shall include a listing of available
licensed substance abuse programs to provide treatment to offenders
who are eligible under Penal Law § 60.14.

Section 3 amends the Penal Law to add a new section 60.14, which
authorizes a sentence of conditional discharge, provided that the
offender agrees to attend and successfully complete a substance abuse
treatment program specified by the court. Eligible offenders are those
persons who stand convicted of criminal possession of a controlled
substance in the 5th and 7th degrees, or criminal possession of
marijuana in the 3rd degree, who have no more than one prior
conviction for such an offense, and who have no prior history of
violence.

The court retains jurisdiction over the individual while he or she
undergoes treatment. Upon successful completion of the program, the
charge is dismissed. If the program is not successfully completed, the
conditional discharge is revoked and the offender is sentenced as if
convicted of the original charge.

 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 throwaway the key" and prison
construction may be politically popular, but it is fiscally
irresponsible to incarcerate 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 prison 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
problem. It will permit the state to spend a fraction of that amount
on drug treatment programs. The savings cad 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 :
1999-2000: S.3386 Died in Committee.
2001-2002: S.1107 Died in Committee.
2003-2004: S.1629 Died in Committee.
2005-2006: S.1494 Died in Committee.
2007-2008: S.2121 Died in Committee.

 FISCAL IMPLICATIONS :
Undetermined.

 EFFECTIVE DATE :
This act will take effect on the one hundred eightieth day after it
shall have become law.

2009-S1270 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1270

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced by Sens. MONTGOMERY, BRESLIN, DILAN, DUANE, HASSELL-THOMPSON,
  KRUEGER, SCHNEIDERMAN, THOMPSON -- 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:

  Section  1. The executive law is amended by adding a new section 249-a
to read as follows:
  S 249-A. SUBSTANCE ABUSE TREATMENT ALTERNATIVE  PROGRAMS  FOR  CERTAIN
OFFENDERS.  1. THE DIRECTOR SHALL ENTER INTO AGREEMENTS WITH RESIDENTIAL
SUBSTANCE ABUSE TREATMENT PROGRAMS TO PROVIDE FOR THE CARE AND TREATMENT
OF ELIGIBLE OFFENDERS SENTENCED PURSUANT TO SECTION 60.14 OF  THE  PENAL
LAW.
  2.  SUCH  PROGRAMS  SHALL  BE LICENSED BY THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES AND  SHALL  BE  APPROVED  BY  THE  DIVISION  OF
PROBATION AND CORRECTIONAL ALTERNATIVES.
  3.  UPON  THE  SATISFACTORY COMPLETION OF THE COURSE OF TREATMENT, THE
ELIGIBLE OFFENDER SHALL HAVE THE COURT IMPOSED SENTENCE  OF  CONDITIONAL
DISCHARGE TERMINATED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 410.90
OF THE CRIMINAL PROCEDURE LAW.
  S  2. Paragraph (a) of subdivision 3 of section 390.30 of the criminal
procedure law, as added by chapter 14 of the laws of 1985, is amended to
read as follows:
  (a) The report of the pre-sentence investigation must contain an anal-
ysis of as much of the information gathered in the investigation as  the
agency  that  conducted the investigation deems relevant to the question
of sentence.  WHERE APPROPRIATE, THE REPORT SHALL  INCLUDE  A  TREATMENT
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.
                                                           LBD00296-01-9

S. 1270                             2

SUBSTANCE ABUSE PROGRAMS TO PROVIDE FOR THE CARE AND TREATMENT OF OFFEN-
DERS SENTENCED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION  ONE  OF
SECTION  60.14 OF THE PENAL LAW.  The report must also include any other
[imformation]  INFORMATION that the court directs to be included and the
material required by paragraph (b) of this subdivision  which  shall  be
considered part of the report.
  S 3. The penal law is amended by adding a new section 60.14 to read as
follows:
S  60.14  AUTHORIZED  DEPOSITIONS;  CRIMINAL  POSSESSION OF A CONTROLLED
            SUBSTANCE.
  1. THE SENTENCE OF ANY PERSON CONVICTED  OF  A  VIOLATION  OF  SECTION
220.03 OF THIS CHAPTER, CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN
THE  SEVENTH DEGREE, SECTION 220.06 OF THIS CHAPTER, CRIMINAL POSSESSION
OF A CONTROLLED SUBSTANCE IN THE FIFTH DEGREE, OR SECTION 221.20 OF THIS
CHAPTER, CRIMINAL POSSESSION OF  MARIHUANA  IN  THE  THIRD  DEGREE,  FOR
EITHER  THE  FIRST OR SECOND TIME WHO HAS NO PRIOR CONVICTION FOR ANY OF
THE OTHER PROVISIONS  OF ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER  AND
ALSO  HAS  NO  PRIOR  VIOLENT  FELONY  CONVICTION SHALL BE CONDITIONALLY
DISCHARGED PROVIDED SUCH  PERSON  AGREES  TO  ATTEND,  AND  SUCCESSFULLY
COMPLETES  AN  ALTERNATIVE PROGRAM OF SUBSTANCE ABUSE TREATMENT APPROVED
IN ACCORDANCE WITH SECTION TWO HUNDRED  FORTY-NINE-A  OF  THE  EXECUTIVE
LAW.
  2.  THE  COURT  SHALL IMPOSE SUCH A SENTENCE ON THE CONDITION THAT THE
OFFENDER PARTICIPATE IN A SUBSTANCE ABUSE TREATMENT ALTERNATIVE  PROGRAM
FOR A SPECIFIED PERIOD OF TIME AS DETERMINED BY THE COURT.
  3. UPON COMPLETION OF A COURSE OF TREATMENT, THE COURT SHALL TERMINATE
THE  SENTENCE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 410.90 OF THE
CRIMINAL PROCEDURE LAW.  IF  THE  COURT  DETERMINES  THAT  THE  OFFENDER
ABSCONDED FROM THE SUBSTANCE ABUSE TREATMENT ALTERNATIVE PROGRAM OR THAT
THE  SENTENCE  IS  NO  LONGER  SUITABLE BECAUSE IT ENDANGERS THE SAFETY,
SECURITY OR ORDER OF SUCH TREATMENT FACILITY OR THAT THE OFFENDER OTHER-
WISE VIOLATES THE TERMS AND CONDITIONS OF THE SENTENCE, THE SENTENCE MAY
BE REVOKED. UPON REVOCATION, THE OFFENDER SHALL BE SENTENCED IN  ACCORD-
ANCE  WITH  THE  OTHER  PROVISIONS OF THIS CHAPTER APPLICABLE TO PERSONS
CONVICTED OF CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE  OR  CRIMINAL
POSSESSION OF MARIHUANA, AS THE CASE MAY BE.
  4.  THE  COURT SHALL CONDUCT AN ONGOING EVALUATION OF THE PROGRAM. THE
COURT SHALL UNDERTAKE  STUDIES  IN  CONJUNCTION  WITH  THE  DIVISION  OF
PROBATION  AND CORRECTIONAL ALTERNATIVES, THE DIVISION OF PAROLE AND THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES  TO  ENSURE  THAT  THE
PROGRAMMATIC OBJECTIVES ARE MET.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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