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

                                  6085

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by  M.  of  A.  AUBRY,  SILVER,  LENTOL, WEINSTEIN, FARRELL,
  WRIGHT, P. RIVERA, ESPAILLAT, O'DONNELL, GOTTFRIED,  McENENY,  WEISEN-
  BERG,   COOK,   CLARK,   ROSENTHAL,  KAVANAGH,  SCARBOROUGH,  PRETLOW,
  PEOPLES-STOKES, BENJAMIN, PERRY -- Multi-Sponsored  by  --  M.  of  A.
  BARRON,  BING,  BRENNAN,  BRODSKY,  CAHILL,  CHRISTENSEN,  CYMBROWITZ,
  DenDEKKER, DINOWITZ, GLICK, HEASTIE,  HOOPER,  HOYT,  JACOBS,  JAFFEE,
  JEFFRIES,  JOHN,  LAVINE,  LIFTON, V. LOPEZ, LUPARDO, MAISEL, MILLMAN,
  ORTIZ, PAULIN, PERALTA, N. RIVERA, ROBINSON, RUSSELL, SCHIMEL, SKARTA-
  DOS, STIRPE, SWEENEY, TITONE, TITUS, TOWNS, ZEBROWSKI -- read once and
  referred to the Committee on Codes

AN ACT to amend the correction law, in relation to drug abuse  treatment
  in  state prisons; to amend the criminal procedure law, in relation to
  sentencing proceedings; to amend the executive  law,  in  relation  to
  sentences  of  parole  supervision  and a combined law enforcement and
  community strategy to eliminate street-level drug crime; to amend  the
  judiciary law, the penal law, the civil practice law and rules and the
  state  finance  law,  in relation to determinate sentences for certain
  drug offenses and the creation of new offenses for criminal sale of  a
  controlled  substance  to  a  child,  trafficking through a controlled
  substance organization, and criminal  possession  of  a  weapon  while
  selling  or  attempting  to  sell a controlled substance; to amend the
  state finance law, in relation to  establishing  the  crime  reduction
  fund  and the school drug abuse prevention fund; and to repeal certain
  provisions of the criminal procedure law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 17 of section 2 of the correction law, as added
by chapter 338 of the laws of 1989, is amended to read as follows:
  17. (A) "Alcohol and substance abuse treatment [facility] SERVICES." A
correctional  [facility]  PROGRAM  designed  [to  house  medium security
inmates as defined by department rules and regulations and operated] for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD09739-04-9
              

A. 6085                             2

the purpose of providing intensive alcohol and substance abuse treatment
services TO INMATES OF THE  DEPARTMENT.    Such  services  shall  ensure
comprehensive  treatment for alcoholism and substance abuse, PURSUANT TO
PARAGRAPH  (B)  OF THIS SUBDIVISION, to ALL inmates UNDER CUSTODY OF THE
DEPARTMENT who have been identified by the commissioner or  his  or  her
designee,  OR BY THE SENTENCING COURT, as having had or presently having
a history of alcoholism or  substance  abuse.  Such  services  shall  be
provided [in the facility] WITHIN THE DEPARTMENT FOR A MINIMUM OF TWELVE
MONTHS  (PROVIDED,  HOWEVER,  THAT INMATES WHO SUCCESSFULLY COMPLETE SIX
MONTHS OF SUCH ALCOHOL AND SUBSTANCE ABUSE TREATMENT  PROGRAM,  AND  ARE
OTHERWISE  ELIGIBLE  FOR  DRUG  ABUSE  TREATMENT PURSUANT TO SUBDIVISION
EIGHTEEN OF THIS SECTION, MAY PARTICIPATE IN SUCH TREATMENT AT A CORREC-
TIONAL ANNEX PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION), OR UNTIL
RELEASE FROM THE DEPARTMENT, WHICHEVER OCCURS FIRST, TO ALL INMATES  WHO
WERE ASSESSED AND IDENTIFIED AS HAVING AN ALCOHOL AND/OR SUBSTANCE ABUSE
DEPENDENCY  BY  THE  DEPARTMENT OR BY THE SENTENCING COURT. SUCH PROGRAM
SHALL BE PROVIDED in accordance with minimum  standards  promulgated  by
[the  department  after consultation with the division of alcoholism and
alcohol abuse and the division of substance abuse services]  THE  OFFICE
OF  ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, AFTER CONSULTATION WITH THE
DEPARTMENT.  SUCH PROGRAM SHALL INCLUDE PERIODIC URINALYSIS.
  (B) THE DEPARTMENT SHALL ENSURE COMPLIANCE WITH THE REGULATIONS OF THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE  SERVICES  AND  SHALL  REQUIRE,
EITHER   DIRECTLY  OR  THROUGH  FORMAL  AGREEMENT  WITH  COMMUNITY-BASED
NOT-FOR-PROFIT SUBSTANCE  ABUSE  TREATMENT  PROVIDERS  LICENSED  BY  THE
OFFICE  OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THAT INMATES WHO ARE
RELEASED ON PAROLE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION  AND
WHO  ARE,  AS  A  CONDITION  OF SUCH RELEASE, REQUIRED TO PARTICIPATE IN
TREATMENT AND INMATES WHO ARE TRANSFERRED TO A COMMUNITY-BASED TREATMENT
PROGRAM IN ACCORDANCE WITH THE  COMMUNITY  REINTEGRATION  PHASE  OF  THE
COMPREHENSIVE  ALCOHOL  AND  SUBSTANCE ABUSE TREATMENT PROGRAM, SHALL BE
PROVIDED WITH A SUBSTANCE ABUSE TREATMENT ASSESSMENT AND COMMUNITY-BASED
ALCOHOL AND SUBSTANCE ABUSE TREATMENT SERVICES PROVIDING AN  APPROPRIATE
CONTINUUM  OF  TREATMENT  AND DESIGNED TO REDUCE OFFENDER RECIDIVISM AND
CRIME.  THE DIVISION OF PAROLE SHALL ASSIST THE DEPARTMENT IN ANY MANNER
NECESSARY TO ASSURE THAT THE PURPOSES AND OBJECTIVES OF  THIS  PARAGRAPH
ARE EFFECTIVELY ACCOMPLISHED.
  S  2. Subdivision 18 of section 2 of the correction law, as amended by
section 1 of chapter 738 of the laws of 2004,  is  amended  to  read  as
follows:
  18.  "Alcohol  and  substance  abuse  treatment correctional annex." A
medium security correctional facility consisting of one or more residen-
tial dormitories which provide intensive  alcohol  and  substance  abuse
treatment services to inmates who: (i) are otherwise eligible for tempo-
rary release, or (ii) stand convicted of a felony defined in article two
hundred twenty or two hundred twenty-one of the penal law, and are with-
in  [six]  EIGHTEEN  months  of being an eligible inmate as that term is
defined in subdivision two of section eight hundred  fifty-one  of  this
chapter  including  such  inmates  who are participating in such program
pursuant to subdivision six of section 60.04 of the penal law.  Notwith-
standing the foregoing provisions of this subdivision, any inmate to  be
enrolled in this program pursuant to subdivision six of section 60.04 of
the  penal  law  shall  be  governed  by  the same rules and regulations
promulgated by the department, including without limitation those  rules
and regulations establishing requirements for completion and those rules
and  regulations  governing  discipline and removal from the program. No

A. 6085                             3

such period of court ordered  corrections  based  drug  abuse  treatment
pursuant  to  this  subdivision  shall  be required to extend beyond the
defendant's conditional release date. Such  treatment  services  may  be
provided by one or more outside service providers pursuant to contractu-
al  agreements  with  both  the  department  and the division of parole,
provided, however, that any such provider shall be required to  continue
to provide, either directly or through formal or informal agreement with
other  providers,  alcohol  and  substance  abuse  treatment services to
inmates who have successfully participated in such provider's incarcera-
tive treatment services and  who  have  been  paroled  or  conditionally
released under the supervision of the division of parole and who are, as
a  condition of their parole or conditional release, required to partic-
ipate in  alcohol  or  substance  abuse  treatment.  Such  incarcerative
services  shall  be  provided in the facility in accordance with minimum
standards promulgated by the  department  after  consultation  with  the
office  of  alcoholism  and  substance  abuse services. Such services to
parolees shall be provided in accordance with standards  promulgated  by
the  division of parole after consultation with the office of alcoholism
and substance abuse services. Notwithstanding  any  other  provision  of
law,  any  person who has successfully completed no less than six months
of intensive alcohol and substance abuse treatment services  in  one  of
the  department's eight designated alcohol and substance abuse treatment
correctional annexes having a combined total capacity  of  two  thousand
five  hundred  fifty beds may be transferred to a program operated by or
at a residential treatment facility[, provided however,  that  a  person
under  a  determinate  sentence  as  a second felony drug offender for a
class B felony offense defined in article  two  hundred  twenty  of  the
penal  law,  who  was  sentenced  pursuant to section 70.70 of such law,
shall not be eligible to be transferred to a program operated at a resi-
dential treatment facility until the time served under imprisonment  for
his or her determinate sentence, including any jail time credited pursu-
ant  to  the provisions of article seventy of the penal law, shall be at
least eighteen months]. The commissioner shall report  annually  to  the
temporary  president  of  the  senate  and  the  speaker of the assembly
commencing January first, nineteen hundred ninety-two as to the efficacy
of such programs including but not limited to a comparative analysis  of
state-operated  and  private  sector provision of treatment services and
recidivism. Such  report  shall  also  include  the  number  of  inmates
received  by  the department during the reporting period who are subject
to a sentence which includes enrollment in substance abuse treatment  in
accordance  with  subdivision six of section 60.04 of the penal law, the
number of such inmates who are not placed in such treatment program  and
the reasons for such occurrences.
  S  3. Subdivision 18 of section 2 of the correction law, as amended by
section 2 of chapter 738 of the laws of 2004,  is  amended  to  read  as
follows:
  18. "Alcohol  and  substance  abuse  treatment  correctional annex." A
medium security correctional facility consisting of one or more residen-
tial dormitories which provide intensive  alcohol  and  substance  abuse
treatment services to inmates who: (i) are otherwise eligible for tempo-
rary release, or (ii) stand convicted of a felony defined in article two
hundred twenty or two hundred twenty-one of the penal law, and are with-
in  [six]  EIGHTEEN  months  of being an eligible inmate as that term is
defined in subdivision two of section eight hundred  fifty-one  of  this
chapter  including  such  inmates  who are participating in such program
pursuant to subdivision six of section 60.04 of the penal law.  Notwith-

A. 6085                             4

standing the foregoing provisions of this subdivision, any inmate to  be
enrolled in this program pursuant to subdivision six of section 60.04 of
the  penal  law  shall  be  governed  by  the same rules and regulations
promulgated  by the department, including without limitation those rules
and regulations establishing requirements for completion and those rules
and regulations governing discipline and removal from  the  program.  No
such  period  of  court  ordered  corrections based drug abuse treatment
pursuant to this subdivision shall be  required  to  extend  beyond  the
defendant's  conditional  release  date.  Such treatment services may be
provided by one or more outside service providers pursuant to contractu-
al agreements with both the  department  and  the  division  of  parole,
provided,  however, that any such provider shall be required to continue
to provide, either directly or through formal or informal agreement with
other providers, alcohol  and  substance  abuse  treatment  services  to
inmates who have successfully participated in such provider's incarcera-
tive  treatment  services  and  who  have  been paroled or conditionally
released under the supervision of the division of parole and who are, as
a condition of their parole or conditional release, required to  partic-
ipate  in  alcohol  or  substance  abuse  treatment.  Such incarcerative
services shall be provided in the facility in  accordance  with  minimum
standards  promulgated  by  the  department  after consultation with the
office of alcoholism and substance  abuse  services.  Such  services  to
parolees  shall  be provided in accordance with standards promulgated by
the division of parole after consultation with the office of  alcoholism
and  substance abuse services. The commissioner shall report annually to
the majority leader of the  senate  and  the  speaker  of  the  assembly
commencing January first, nineteen hundred ninety-two as to the efficacy
of  such programs including but not limited to a comparative analysis of
state-operated and private sector provision of  treatment  services  and
recidivism.  Such  report  shall  also  include  the  number  of inmates
received by the department during the reporting period who  are  subject
to  a sentence which includes enrollment in substance abuse treatment in
accordance with subdivision six of section 60.04 of the penal  law,  the
number  of such inmates who are not placed in such treatment program and
the reasons for such occurrences.
  S 4. Section 71 of the correction law  is  amended  by  adding  a  new
subdivision 2-a to read as follows:
  2-A.  PERSONS WHO ARE COMMITTED, TRANSFERRED, CERTIFIED TO OR CONFINED
BY THE DEPARTMENT AND HAVE A HISTORY OF ALCOHOL OR SUBSTANCE ABUSE SHALL
BE DELIVERED TO THE GREATEST EXTENT PRACTICABLE TO A CORRECTIONAL FACIL-
ITY THAT OFFERS ALCOHOL OR SUBSTANCE ABUSE SERVICES, AS  APPLICABLE,  AS
DEFINED IN SUBDIVISION SEVENTEEN OF SECTION TWO OF THIS CHAPTER.
  S  5.  The  correction law is amended by adding a new section 149-a to
read as follows:
  S 149-A. RELEASED INMATES; TRANSITIONAL SERVICES PROGRAM.  1. AS  USED
IN THIS SECTION, "TRANSITIONAL SERVICES PROGRAM" SHALL MEAN A COMPREHEN-
SIVE SKILLS-BASED TRAINING PROGRAM OF THE DEPARTMENT DESIGNED TO PREPARE
INMATES  FOR  REINTEGRATION  INTO  THE  COMMUNITY.    EACH  TRANSITIONAL
SERVICES PROGRAM SHALL BE DESIGNED TO  REDUCE  OFFENDER  RECIDIVISM  AND
CRIME.  SUCH  PREPARATION  FOR  REINTEGRATION SHALL INCLUDE REFERRALS TO
APPROPRIATE  MEDICAL  SERVICES,  EDUCATIONAL  AND  VOCATIONAL  SERVICES,
MENTAL HEALTH SERVICES AND HOUSING SERVICES AND SHALL BE CONSISTENT WITH
THE REQUIREMENT THAT ALL OFFENDERS RELEASED FROM PRISON WITH A SUBSTANCE
ABUSE DEPENDENCY BE REQUIRED TO UNDERGO A MANDATORY ALCOHOL OR SUBSTANCE
ABUSE TREATMENT PROGRAM. THE DEPARTMENT SHALL MAINTAIN A CURRENT LIST OF
REFERRAL  SOURCES TO EFFECTUATE EACH TRANSITIONAL SERVICES PROGRAM WHICH

A. 6085                             5

LIST SHALL BE UPDATED NO LESS THAN ANNUALLY. SUCH PREPARATION FOR  REIN-
TEGRATION SHALL INCLUDE ASSISTANCE IN OBTAINING NECESSARY PERSONAL IDEN-
TIFICATION INFORMATION.
  2.  A.  THE  COMMISSIONER  SHALL  DESIGNATE STAFF AT EACH TRANSITIONAL
SERVICES PROGRAM TO PREPARE AND SUBMIT APPLICATIONS FOR MEDICAL  ASSIST-
ANCE ESTABLISHED UNDER TITLES ELEVEN AND ELEVEN-D OF ARTICLE FIVE OF THE
SOCIAL SERVICES LAW, ON BEHALF OF EACH INMATE WHO WAS NOT RECEIVING SUCH
MEDICAL  ASSISTANCE  IMMEDIATELY BEFORE BEING ADMITTED TO THE CUSTODY OF
THE DEPARTMENT. SUCH APPLICATIONS SHALL BE SUBMITTED TO THE COMMISSIONER
OF HEALTH PURSUANT TO SUBDIVISION TWENTY-FOUR OF SECTION TWO HUNDRED SIX
OF THE PUBLIC HEALTH LAW AT LEAST FORTY-FIVE DAYS BEFORE THE ANTICIPATED
RELEASE, CONDITIONAL RELEASE OR DISCHARGE OF SUCH INMATES.
  B. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, UPON RECEIPT  OF
AN  APPLICATION  FOR  MEDICAL ASSISTANCE FOR AN INMATE PURSUANT TO PARA-
GRAPH A OF THIS SUBDIVISION, THE COMMISSIONER OF HEALTH SHALL  DETERMINE
THE  ELIGIBILITY OF SUCH INMATE FOR ENROLLMENT IN THE MEDICAL ASSISTANCE
PROGRAM ESTABLISHED UNDER TITLE ELEVEN OF ARTICLE  FIVE  OF  THE  SOCIAL
SERVICES  LAW  OR THE FAMILY HEALTH PLUS PROGRAM ESTABLISHED UNDER TITLE
ELEVEN-D OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW. SUCH  DETERMINATION
SHALL BE BASED ON WHETHER THE INMATE, EXCEPT FOR HIS OR HER STATUS AS AN
INMATE,  WOULD  BE ELIGIBLE TO RECEIVE MEDICAL ASSISTANCE. ENROLLMENT IN
THE MEDICAL ASSISTANCE PROGRAM SHALL BE EFFECTIVE ON THE DATE AN  ELIGI-
BLE  INMATE  IS  RELEASED, CONDITIONALLY RELEASED OR DISCHARGED FROM THE
DEPARTMENT AND THE  MEDICAL  ASSISTANCE  IDENTIFICATION  CARD  SHALL  BE
PROVIDED  TO  THE INMATE UPON HIS OR HER RELEASE, CONDITIONAL RELEASE OR
DISCHARGE FROM THE DEPARTMENT.
  C. THE DIVISION OF PAROLE SHALL ASSIST THE DEPARTMENT  IN  ANY  MANNER
NECESSARY TO ASSURE THAT THE PURPOSES AND OBJECTIVES OF THIS SECTION ARE
EFFECTIVELY ACCOMPLISHED.
  3.  THE  DEPARTMENT  SHALL ESTABLISH TRANSITIONAL SERVICES PROGRAMS AT
ALL DEPARTMENT  FACILITIES  FROM  WHICH  INMATES  ARE  SCHEDULED  TO  BE
RELEASED FROM CONFINEMENT BY THE DEPARTMENT.
  S 6. Subdivision 2-b of section 851 of the correction law, as added by
chapter 738 of the laws of 2004, is amended to read as follows:
  2-b. When calculating in advance the date on which a person is or will
be  eligible  for release on parole or conditional release, for purposes
of determining eligibility for temporary release or for placement at  an
alcohol  and  substance  abuse treatment correctional annex, the commis-
sioner shall consider and include credit for all potential  credits  and
reductions  including  but  not  limited to merit time, ADDITIONAL MERIT
TIME and good behavior allowances.  Nothing in this subdivision shall be
interpreted as precluding the consideration and inclusion of credit  for
all  potential  credits  and  reductions  including, but not limited to,
merit time, ADDITIONAL MERIT TIME  and  good  behavior  allowances  when
calculating  in advance for any other purpose the date on which a person
is or will be eligible for release on parole or conditional release.
  S 7. Subdivision 1 of section 865 of the correction law, as amended by
chapter 738 of the laws of 2004, is amended to read as follows:
  1. "Eligible inmate" means a person sentenced to an indeterminate term
of imprisonment who will become eligible for release  on  parole  within
three  years or sentenced to a determinate term of imprisonment who will
become eligible for conditional release within three years, who has  not
reached  the  age  of [forty] FIFTY years, who (EXCEPT WITH RESPECT TO A
JUDICIALLY SENTENCED SHOCK INCARCERATION INMATE AS DEFINED  IN  SUBDIVI-
SION THREE OF THIS SECTION) has not previously been convicted of a felo-
ny  upon  which an indeterminate or determinate term of imprisonment was

A. 6085                             6

imposed and who was between the ages of sixteen and [forty] FIFTY  years
at  the  time  of  commission of the crime upon which his or her present
sentence was based  [except,  however,  an  eligible  inmate  shall  not
include  a  person sentenced to a determinate sentence of three and one-
half years or more as a second felony drug offender pursuant to subdivi-
sion three of section 70.70 of the penal law for a conviction of a class
B felony offense defined in article two  hundred  twenty  of  the  penal
law].   Notwithstanding the foregoing, no person who is convicted of any
of the following crimes shall be deemed eligible to participate in  this
program:  (a)  a violent felony offense as defined in article seventy of
the penal law, (b) an A-I felony offense, (c) manslaughter in the second
degree,  vehicular  manslaughter  in  the   second   degree,   vehicular
manslaughter  in  the first degree, and criminally negligent homicide as
defined in article one hundred twenty-five of the penal law, (d) rape in
the second degree, rape in the third degree, criminal sexual act in  the
second degree, criminal sexual act in the third degree, attempted sexual
abuse  in  the  first  degree,  attempted  rape in the second degree and
attempted criminal sexual act in the second degree as defined  in  arti-
cles one hundred ten and one hundred thirty of the penal law and (e) any
escape  or  absconding offense as defined in article two hundred five of
the penal law.
  S 8. Subdivision 2 of section 865 of the correction law, as  added  by
chapter 261 of the laws of 1987, is amended to read as follows:
  2.  "Shock  incarceration  program"  means a program pursuant to which
eligible inmates are selected [directly at  reception  centers]  BY  THE
SENTENCING  COURT,  PURSUANT TO SUBDIVISION THREE OF THIS SECTION, OR BY
THE DEPARTMENT to participate in the program and serve a period  of  six
months  in  a shock incarceration facility, which shall provide rigorous
physical activity, intensive regimentation and discipline and  rehabili-
tation  therapy and programming.  INMATES SELECTED BY THE DEPARTMENT MAY
BE SELECTED EITHER: (I) AT A RECEPTION CENTER;  OR  (II)  AT  A  GENERAL
CONFINEMENT  FACILITY  WHEN  THE  OTHERWISE ELIGIBLE INMATE THEN BECOMES
ELIGIBLE FOR RELEASE ON PAROLE WITHIN THREE YEARS  IN  THE  CASE  OF  AN
INDETERMINATE  TERM OF IMPRISONMENT, OR THEN BECOMES ELIGIBLE FOR CONDI-
TIONAL RELEASE WITHIN THREE YEARS IN THE CASE OF A DETERMINATE  TERM  OF
IMPRISONMENT.
  S  9.  Section  865  of  the correction law is amended by adding a new
subdivision 3 to read as follows:
  3. "JUDICIALLY SENTENCED SHOCK INCARCERATION INMATE" MEANS  A  PERSON,
OTHER  THAN  A  PERSON WHO IS CHARGED WITH, SERVING A SENTENCE FOR, OR A
PERSON WITH A PREDICATE FELONY CONVICTION FOR AN  OFFENSE  DESCRIBED  IN
SUBDIVISION  FIVE  OF  SECTION  440.46  OF  THE  CRIMINAL PROCEDURE LAW,
CONVICTED OF A FELONY DEFINED IN  ARTICLE  TWO  HUNDRED  TWENTY  OR  TWO
HUNDRED TWENTY-ONE OF THE PENAL LAW WHO, ON HIS OR HER MOTION, WAS FOUND
BY  THE SENTENCING COURT TO BE AN "ELIGIBLE INMATE" AS DEFINED IN SUBDI-
VISION ONE OF THIS SECTION, AND SENTENCED BY SUCH COURT  TO  PARTICIPATE
IN A SHOCK INCARCERATION PROGRAM PURSUANT TO THIS ARTICLE.
  S  10.  Section  867  of the correction law is amended by adding a new
subdivision 2-a to read as follows:
  2-A.  SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL NOT  APPLY  TO  A
JUDICIALLY SENTENCED SHOCK INCARCERATION INMATE.  NOTWITHSTANDING SUBDI-
VISION  FIVE OF THIS SECTION, A JUDICIALLY SENTENCED SHOCK INCARCERATION
INMATE SHALL PROMPTLY COMMENCE PARTICIPATION IN THE PROGRAM.  EACH JUDI-
CIALLY SENTENCED SHOCK INCARCERATION INMATE DETERMINED TO BE IN NEED  OF
SUBSTANCE ABUSE TREATMENT SHALL BE REQUIRED TO UNDERGO A SUBSTANCE ABUSE
TREATMENT   PROGRAM  WHILE  PARTICIPATING  IN  THE  SHOCK  INCARCERATION

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PROGRAM. SUCH PROGRAM SHALL COMPLY WITH THE  REQUIREMENTS  OF  PARAGRAPH
(B)  OF SUBDIVISION SEVENTEEN OF SECTION TWO OF THIS CHAPTER. EACH JUDI-
CIALLY SENTENCED SHOCK INCARCERATION INMATE DETERMINED TO BE IN NEED  OF
SUBSTANCE  ABUSE  TREATMENT  SHALL  ALSO BE REQUIRED TO UNDERGO AN ADDI-
TIONAL YEAR-LONG SUBSTANCE ABUSE  TREATMENT  PROGRAM  FOLLOWING  RELEASE
FROM  SUCH  SHOCK INCARCERATION PROGRAM, IN ACCORDANCE WITH THE REQUIRE-
MENTS OF THIS CHAPTER.
  S 11. Section 1.20 of the criminal procedure law is amended by  adding
a new subdivision 44 to read as follows:
  44.  "DIVERSION  PROGRAM"  MEANS AN ALCOHOL OR SUBSTANCE ABUSE PROGRAM
LICENSED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES OR  AN
INTERVENTION  PROGRAM  APPROVED BY THE COURT AFTER CONSULTATION WITH THE
LOCAL PROBATION DEPARTMENT HAVING JURISDICTION, OR SUCH OTHER PUBLIC  OR
PRIVATE AGENCY AS THE COURT DETERMINES TO BE APPROPRIATE.
  S  12.  Subdivision 4 of section 170.15 of the criminal procedure law,
as amended by chapter 67 of the laws of 2000,  is  amended  to  read  as
follows:
  4.  Notwithstanding  any provision of this section to the contrary, in
any county outside a city having a population of one  million  or  more,
upon or after arraignment of a defendant on an information, a simplified
information, a prosecutor's information or a misdemeanor complaint pend-
ing  in  a  local  criminal  court,  such  court may, upon motion of the
defendant, and with the consent of the district  attorney  (EXCEPT  THAT
SUCH CONSENT SHALL NOT BE REQUIRED WHEN THE DEFENDANT IS CHARGED WITH AN
OFFENSE OR OFFENSES DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED
TWENTY-ONE  OF THE PENAL LAW OTHER THAN A CLASS A FELONY, STANDS CHARGED
WITH NO OTHER FELONY CRIME OR CRIMES, AND IS NOT CHARGED WITH, SERVING A
SENTENCE FOR, OR A PERSON WITH A  PREDICATE  FELONY  CONVICTION  FOR  AN
OFFENSE  DESCRIBED  IN  SUBDIVISION  FIVE  OF  SECTION  440.46  OF  THIS
CHAPTER), order that the action be removed from the court in  which  the
matter  is  pending  to  another local criminal court in the same county
which has been designated a drug court by the chief administrator of the
courts, and such drug court may then conduct such action to  [judgement]
JUDGMENT or other final disposition; provided, however, that an order of
removal  issued  under this subdivision shall not take effect until five
days after the date the order is issued unless, prior to such  effective
date, the drug court notifies the court that issued the order that:
  (a)  it will not accept the action, in which event the order shall not
take effect, or
  (b) it will accept the action on a date prior to such effective  date,
in which event the order shall take effect upon such prior date.
  Upon  providing  notification pursuant to paragraph (a) or (b) of this
subdivision, the drug court shall promptly give notice to the defendant,
his or her counsel and the district attorney.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  AN  ACTION  THAT  MAY  BE
REMOVED  PURSUANT TO THIS SUBDIVISION MAY BE REMOVED TO A SUPERIOR COURT
JUDGE SITTING AS A LOCAL CRIMINAL COURT AND SUCH JUDGE MAY THEN  CONDUCT
SUCH ACTION TO JUDGMENT OR OTHER FINAL DISPOSITION.
  S  13.  Section  170.40  of  the  criminal procedure law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. EXCEPT IN THE CASE OF A PERSON WHO IS  CHARGED  WITH,  SERVING  A
SENTENCE  FOR,  OR  A  PERSON  WITH A PREDICATE FELONY CONVICTION FOR AN
OFFENSE DESCRIBED IN SUBDIVISION FIVE OF SECTION 440.46 OF THIS CHAPTER,
THE SUCCESSFUL COMPLETION OF A DIVERSION PROGRAM BY A PERSON WHO  STANDS
CHARGED  IN AN ACCUSATORY INSTRUMENT OR A COUNT THEREOF WITH A VIOLATION
OF ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED  TWENTY-ONE  OF  THE  PENAL

A. 6085                             8

LAW,  OR  WITH  A  VIOLATION OF PROBATION IMPOSED AS A SENTENCE FOR SUCH
OFFENSE, MAY, IN AND OF ITSELF, CONSTITUTE A COMPELLING FACTOR,  CONSID-
ERATION  OR CIRCUMSTANCE DEMONSTRATING THAT CONVICTION OR PROSECUTION OF
THE  DEFENDANT  UPON  SUCH CHARGE IN SUCH ACCUSATORY INSTRUMENT OR COUNT
WOULD CONSTITUTE OR RESULT IN INJUSTICE. IN CONSIDERING WHETHER TO GRANT
A MOTION TO DISMISS UNDER SUCH CIRCUMSTANCES, THE COURT SHALL  ALSO,  TO
THE  EXTENT  APPLICABLE,  EXAMINE  AND CONSIDER THE FACTORS SET FORTH IN
PARAGRAPHS (A) THROUGH (J) OF SUBDIVISION ONE OF THIS SECTION.
  S 14. Subdivision 3 of section 180.20 of the criminal  procedure  law,
as  amended  by  chapter  67  of the laws of 2000, is amended to read as
follows:
  3. Notwithstanding any provision of this section to the  contrary,  in
any  county  outside  a city having a population of one million or more,
upon or after arraignment of a defendant on a felony  complaint  pending
in  a local criminal court having preliminary jurisdiction thereof, such
court may, upon motion of the defendant, and with  the  consent  of  the
district  attorney  (EXCEPT THAT SUCH CONSENT SHALL NOT BE REQUIRED WHEN
THE DEFENDANT IS CHARGED WITH AN OFFENSE OR OFFENSES DEFINED IN  ARTICLE
TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW OTHER THAN
A  CLASS  A FELONY, IS CHARGED WITH NO OTHER FELONY CRIME OR CRIMES, AND
IS NOT CHARGED WITH, SERVING A SENTENCE FOR, OR A PERSON WITH  A  PREDI-
CATE  FELONY  CONVICTION FOR AN OFFENSE DESCRIBED IN SUBDIVISION FIVE OF
SECTION 440.46 OF THIS CHAPTER), order that the action be  removed  from
the court in which the matter is pending to another local criminal court
in  the  same county which has been designated a drug court by the chief
administrator of the courts, and such drug court  may  then  dispose  of
such  felony complaint pursuant to this article; provided, however, that
an order of removal issued under this subdivision shall not take  effect
until five days after the date the order is issued unless, prior to such
effective  date, the drug court notifies the court that issued the order
that:
  (a) it will not accept the action, in which event the order shall  not
take effect, or
  (b)  it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.
  Upon providing notification pursuant to paragraph (a) or (b)  of  this
subdivision, the drug court shall promptly give notice to the defendant,
his or her counsel and the district attorney.
  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, AN ACTION THAT MAY BE
REMOVED PURSUANT TO THIS SUBDIVISION MAY BE REMOVED TO A SUPERIOR  COURT
JUDGE  SITTING AS A LOCAL CRIMINAL COURT AND SUCH JUDGE MAY THEN DISPOSE
OF SUCH FELONY COMPLAINT PURSUANT TO THIS ARTICLE.
  S 15. Section 210.40 of the  criminal  procedure  law  is  amended  by
adding a new subdivision 1-a to read as follows:
  1-A.  EXCEPT  IN  THE  CASE OF A PERSON WHO IS CHARGED WITH, SERVING A
SENTENCE FOR, OR A PERSON WITH A  PREDICATE  FELONY  CONVICTION  FOR  AN
OFFENSE DESCRIBED IN SUBDIVISION FIVE OF SECTION 440.46 OF THIS CHAPTER,
THE  SUCCESSFUL COMPLETION OF A DIVERSION PROGRAM BY A PERSON WHO STANDS
CHARGED IN AN ACCUSATORY INSTRUMENT OR A COUNT THEREOF WITH A  VIOLATION
OF  ARTICLE  TWO  HUNDRED  TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL
LAW, OR WITH A SPECIFIED OFFENSE OR OFFENSES, AS DEFINED IN  SUBDIVISION
FIVE OF SECTION 410.91 OF THIS CHAPTER, OR WITH A VIOLATION OF PROBATION
IMPOSED  AS  A SENTENCE FOR SUCH OFFENSE, MAY, IN AND OF ITSELF, CONSTI-
TUTE A COMPELLING FACTOR, CONSIDERATION  OR  CIRCUMSTANCE  DEMONSTRATING
THAT CONVICTION OR PROSECUTION OF THE DEFENDANT UPON SUCH CHARGE IN SUCH
ACCUSATORY  INSTRUMENT OR COUNT WOULD CONSTITUTE OR RESULT IN INJUSTICE.

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IN CONSIDERING WHETHER TO GRANT A MOTION TO DISMISS UNDER  SUCH  CIRCUM-
STANCES,  THE  COURT  SHALL  ALSO, TO THE EXTENT APPLICABLE, EXAMINE AND
CONSIDER THE FACTORS SET FORTH IN PARAGRAPHS (A) THROUGH (J) OF SUBDIVI-
SION ONE OF THIS SECTION.
  S  16.  Subparagraph  (i) of paragraph (b) of subdivision 3 of section
220.30 of the criminal procedure law, as amended by chapter 410  of  the
laws of 1979, is amended to read as follows:
  (i)  A  plea of guilty, whether to the entire indictment or to part of
the indictment for any crime other than a class [A] B OR HIGHER  felony,
may  not  be  accepted  on  the condition that it constitutes a complete
disposition of one or more other indictments against the defendant wher-
ein is charged a class [A-I] A felony as defined in article two  hundred
twenty  of the penal law or the attempt to commit any such class [A-I] A
felony, except that an eligible youth, as defined in subdivision two  of
section  720.10  OF  THIS  CHAPTER,  may  plea to a class B felony, upon
consent of the district attorney, for  purposes  of  adjudication  as  a
youthful offender.
  S  17.  The  criminal procedure law is amended by adding a new section
255.30 to read as follows:
S 255.30 MOTION FOR ALCOHOL OR SUBSTANCE ABUSE ASSESSMENT.
  AT ANY TIME AFTER  ARRAIGNMENT,  THE  COURT,  UPON  APPLICATION  OF  A
DEFENDANT CHARGED WITH A FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OF
THE PENAL LAW, MAY ORDER AN ALCOHOL OR SUBSTANCE ABUSE ASSESSMENT OF THE
DEFENDANT,  CONDUCTED  BY  AN APPROPRIATE PROFESSIONAL OR COUNSELOR.  AT
ANY TIME AFTER ARRAIGNMENT AND  BEFORE  ANNOUNCEMENT  OF  A  VERDICT  OR
ACCEPTANCE  OF  A  GUILTY  PLEA CONCERNING ALL FELONY CHARGES BEFORE THE
COURT, THE COURT, UPON APPLICATION OF THE PEOPLE, MAY ORDER  AN  ALCOHOL
OR  SUBSTANCE ABUSE ASSESSMENT, CONDUCTED BY AN INDEPENDENT PROFESSIONAL
OR COUNSELOR, OF A DEFENDANT CHARGED WITH A FELONY  DEFINED  IN  ARTICLE
TWO  HUNDRED  TWENTY OF THE PENAL LAW WHEN, FOLLOWING A HEARING OR COUN-
SELED WAIVER THEREOF, THE COURT DETERMINES THAT  THERE  EXISTS  PROBABLE
CAUSE TO BELIEVE THE DEFENDANT HAS AN ALCOHOL OR SUBSTANCE ABUSE DEPEND-
ENCY.    SUCH  ASSESSMENT  SHALL  BE CONDUCTED BY A LICENSED HEALTH CARE
PROFESSIONAL EXPERIENCED IN  THE  TREATMENT  OF  ALCOHOL  AND  SUBSTANCE
ABUSE,  OR BY AN ADDICTION AND SUBSTANCE ABUSE COUNSELOR CREDENTIALED BY
THE OFFICE OF ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES,  PURSUANT  TO
SECTION 19.07 OF THE MENTAL HYGIENE LAW.
  S 18. Subdivision 4 of section 410.91 of the criminal procedure law is
REPEALED,  subdivisions  5  and  7, as added by chapter 3 of the laws of
1995, are amended and a new subdivision 4 is added to read as follows:
  4. IF A DEFENDANT CONVICTED OF AN OFFENSE IN VIOLATION OF ARTICLE  TWO
HUNDRED  TWENTY  OF  THE  PENAL  LAW  IS SENTENCED TO PAROLE SUPERVISION
PURSUANT TO THIS SECTION, THAT SENTENCE MUST INCLUDE ONE YEAR, EXCLUSIVE
OF THE NINETY DAYS SPENT AT A DRUG  TREATMENT  CAMPUS,  IN  A  SUBSTANCE
ABUSE  TREATMENT  PROGRAM  LICENSED  BY  THE  OFFICE  OF  ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES. SUCH PROGRAM SHALL INCLUDE  PERIODIC  URINALY-
SIS.
  5.  For  the  purposes  of  this  section, a "specified offense" is an
offense defined by any of the following provisions  of  the  penal  law:
criminal  mischief  in  the  third  degree as defined in section 145.05,
criminal mischief in the second degree as  defined  in  section  145.10,
grand  larceny  in the fourth degree as defined in subdivision one, two,
three, four, five, six, eight, nine or  ten  of  section  155.30,  grand
larceny  in  the third degree as defined in section 155.35 (except where
the property consists of one or  more  firearms,  rifles  or  shotguns),
unauthorized use of a vehicle in the second degree as defined in section

A. 6085                            10

165.06,  criminal  possession of stolen property in the fourth degree as
defined in subdivision one, two, three, five or six of  section  165.45,
criminal possession of stolen property in the third degree as defined in
section  165.50  (except  where  the  property  consists  of one or more
firearms, rifles or shotguns), forgery in the second degree  as  defined
in  section  170.10,  criminal  possession of a forged instrument in the
second degree as defined in section 170.25, unlawfully  using  slugs  in
the  first  degree as defined in section 170.60, or an attempt to commit
any of the aforementioned offenses if such attempt constitutes a  felony
offense;  or [any] A class B, C, D, or [class] E controlled substance or
marihuana felony offense as defined in article two hundred twenty or two
hundred twenty-one.
  7. Upon completion of the drug treatment program at the drug treatment
campus, a parolee will be furnished with money, clothing and transporta-
tion in a manner consistent with section one hundred twenty-five of  the
correction  law  to  [permit]  ASSURE the parolee's travel from the drug
treatment campus to the county in which the parolee's  supervision  will
continue.    SUCH SUPERVISION SHALL INCLUDE PARTICIPATION IN A SUBSTANCE
ABUSE TREATMENT PROGRAM,  AS  SPECIFIED  IN  SUBDIVISION  FOUR  OF  THIS
SECTION, AND PERIODIC URINALYSIS.
  S  19.  The  criminal procedure law is amended by adding a new section
440.46 to read as follows:
S 440.46 MOTION  FOR  RESENTENCE;  CERTAIN  CLASS  B  FELONY  CONTROLLED
           SUBSTANCE AND CONTROLLED SUBSTANCE CONSPIRACY OFFENDERS.
  1.  ANY  PERSON  IN  THE  CUSTODY  OF  THE  DEPARTMENT OF CORRECTIONAL
SERVICES WHO STANDS CONVICTED OF A CLASS B  FELONY  OFFENSE  DEFINED  IN
ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW WHICH WAS COMMITTED PRIOR TO
JANUARY  THIRTEENTH,  TWO THOUSAND FIVE, WHO IS SERVING AN INDETERMINATE
SENTENCE WITH A MAXIMUM TERM OF MORE THAN THREE YEARS,  MAY,  EXCEPT  AS
PROVIDED  IN SUBDIVISION FIVE OF THIS SECTION, UPON NOTICE TO THE APPRO-
PRIATE DISTRICT ATTORNEY, APPLY TO BE  RESENTENCED  IN  ACCORDANCE  WITH
SECTIONS 60.04 AND 70.70 OF THE PENAL LAW IN THE COURT WHICH IMPOSED THE
SENTENCE.
  2.  ANY  PERSON  IN  THE  CUSTODY  OF  THE  DEPARTMENT OF CORRECTIONAL
SERVICES WHO STANDS CONVICTED OF A FELONY DEFINED IN SECTION  105.15  OF
THE  PENAL  LAW  IN  WHICH  THE UNDERLYING CONDUCT CONSTITUTES A CLASS A
FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW, WHICH WAS
COMMITTED PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  TWO
THOUSAND  NINE  WHICH ADDED THIS SUBDIVISION, MAY, EXCEPT AS PROVIDED IN
SUBDIVISION FIVE  OF  THIS  SECTION,  UPON  NOTICE  TO  THE  APPROPRIATE
DISTRICT  ATTORNEY, MOVE TO BE RESENTENCED IN ACCORDANCE WITH, AS APPRO-
PRIATE, SECTIONS 60.04 AND 70.70 OF THE PENAL LAW  IN  THE  COURT  WHICH
IMPOSED THE SENTENCE.
  3.  ANY  PERSON  IN  THE  CUSTODY  OF  THE  DEPARTMENT OF CORRECTIONAL
SERVICES WHO HAS BEEN RESENTENCED, OR IS  ELIGIBLE  TO  BE  RESENTENCED,
PURSUANT  TO THIS SECTION, SECTION TWENTY-THREE OF CHAPTER SEVEN HUNDRED
THIRTY-EIGHT OF THE LAWS OF TWO THOUSAND  FOUR  AND/OR  SECTION  ONE  OF
CHAPTER  SIX  HUNDRED  FORTY-THREE  OF THE LAWS OF TWO THOUSAND FIVE MAY
ALSO, UPON NOTICE TO THE  APPROPRIATE  DISTRICT  ATTORNEY,  MOVE  TO  BE
RESENTENCED  TO  A DETERMINATE SENTENCE IN ACCORDANCE WITH SECTION 70.70
OF THE PENAL LAW FOR ANY ONE OR MORE CLASS C, D  OR  E  FELONY  OFFENSES
DEFINED  IN  ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE
PENAL LAW FOR WHICH THE PERSON IS SERVING AN INDETERMINATE SENTENCE.  IF
THE CLASS C, D OR E FELONY SENTENCE WITH RESPECT TO WHICH SUCH MOTION IS
MADE WAS IMPOSED BY A COURT IN ANOTHER  COUNTY,  AND  THE  COURT  BEFORE
WHICH  THE  MOTION  IS MADE DOES NOT HAVE JURISDICTION TO RESENTENCE THE

A. 6085                            11

PERSON, THEN THE COURT SHALL TRANSFER THE REQUEST  FOR  RESENTENCING  ON
SUCH  CLASS  C,  D  OR E FELONY CONVICTION TO THE COURT THAT IMPOSED THE
SENTENCE FOR SUCH CONVICTION.
  4. THE PROVISIONS OF SECTION TWENTY-ONE OF CHAPTER SEVEN HUNDRED THIR-
TY-EIGHT  OF  THE LAWS OF TWO THOUSAND FOUR SHALL GOVERN THE PROCEEDINGS
ON AND DETERMINATION OF A  MOTION  BROUGHT  PURSUANT  TO  THIS  SECTION.
SUBDIVISION  ONE OF SECTION SEVEN HUNDRED SEVENTEEN AND SUBDIVISION FOUR
OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW  AND  THE  RELATED
PROVISIONS  OF ARTICLE EIGHTEEN-A AND EIGHTEEN-B OF SUCH LAW SHALL APPLY
TO THE PREPARATION OF  AND  PROCEEDINGS  ON  MOTIONS  PURSUANT  TO  THIS
SECTION, INCLUDING ANY APPEALS.
  5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO IS
SERVING  A  SENTENCE  FOR  OR  HAS  A PREDICATE FELONY CONVICTION FOR AN
EXCLUSION OFFENSE. FOR  PURPOSES  OF  THIS  SUBDIVISION,  AN  "EXCLUSION
OFFENSE" IS:
  A.  A  VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL
LAW OR OFFENSE FOR WHICH A MERIT TIME  ALLOWANCE  MAY  NOT  BE  RECEIVED
TOWARD  THE  SENTENCE  PURSUANT  TO  PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION EIGHT HUNDRED THREE OF THE CORRECTION  LAW;  PROVIDED,  HOWEVER,
THAT  UPON A DETERMINATION BY THE COURT FOLLOWING A HEARING THAT (1) THE
DEFENDANT WAS SUBJECTED TO SUBSTANTIAL PHYSICAL, SEXUAL OR PSYCHOLOGICAL
ABUSE; (2) THE ABUSE WAS INFLICTED BY A MEMBER OF THE  DEFENDANT'S  SAME
FAMILY  OR  HOUSEHOLD  AS  THAT  TERM  IS  DEFINED IN SUBDIVISION ONE OF
SECTION 530.11 OF THIS CHAPTER OR A MEMBER  OF  THE  PERSON'S  IMMEDIATE
FAMILY  AS THAT TERM IS DEFINED IN SUBDIVISION FOUR OF SECTION 120.40 OF
THE PENAL LAW; AND (3) THE ABUSE WAS A SUBSTANTIAL FACTOR IN CAUSING THE
DEFENDANT TO COMMIT SUCH OFFENSE, THIS SUBDIVISION SHALL  NOT  APPLY  TO
SUCH DEFENDANT;
  B.  A  FELONY  OFFENSE  DEFINED  IN  ARTICLE TWO HUNDRED TWENTY OR TWO
HUNDRED TWENTY-ONE OF THE PENAL LAW IN WHICH THE DEFENDANT, BEING  TWEN-
TY-ONE  YEARS  OF  AGE  OR  MORE, SOLD OR ATTEMPTED TO SELL A CONTROLLED
SUBSTANCE TO A PERSON UNDER AGE EIGHTEEN; OR
  C. (1) USE OF A CHILD TO COMMIT  A  CONTROLLED  SUBSTANCE  OFFENSE  AS
DEFINED  IN  SECTION  220.28  OF  THE  PENAL LAW; (2) CRIMINAL SALE OF A
CONTROLLED SUBSTANCE TO A CHILD AS DEFINED  IN  SECTION  220.48  OF  THE
PENAL  LAW;  (3)  CRIMINAL  SALE OF A CONTROLLED SUBSTANCE AS DEFINED IN
SUBDIVISION SEVEN OR EIGHT OF SECTION 220.34 OF  THE  PENAL  LAW,  WHERE
SUCH  SALE  TOOK  PLACE,  RESPECTIVELY,  ON SCHOOL GROUNDS AS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION FOURTEEN OF SECTION  220.00  OF  THE  PENAL
LAW;  (4)  CRIMINAL SALE OF A CONTROLLED SUBSTANCE AS DEFINED IN SECTION
220.44 OF THE PENAL LAW, WHERE SUCH SALE TOOK PLACE ON THE GROUNDS OF  A
CHILD  DAY  CARE  OR EDUCATIONAL FACILITY AS DEFINED IN PARAGRAPH (A) OF
SUBDIVISION FIVE OF SUCH SECTION 220.44; OR (5)  TRAFFICKING  THROUGH  A
CONTROLLED  SUBSTANCE  ORGANIZATION  AS DEFINED IN SECTION 220.68 OF THE
PENAL LAW.
  S 20. Paragraph (c) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 394 of the laws of 2005, is amended
to read as follows:
  (c) Criminal possession of  a  controlled  substance  in  the  seventh
degree  as  defined  in  section  220.03  of  the  penal  law,  criminal
possession of a controlled substance in the fifth degree as  defined  in
section  220.06  of  the  penal law, criminal possession of a controlled
substance in the fourth degree as defined in section 220.09 of the penal
law, criminal possession of a controlled substance in the  third  degree
as  defined in section 220.16 of the penal law, criminal possession of a
controlled substance in the second degree as defined in  section  220.18

A. 6085                            12

of  the  penal law, criminal possession of a controlled substance in the
first degree as defined in section 220.21 of  the  penal  law,  criminal
sale of a controlled substance in the fifth degree as defined in section
220.31  of the penal law, criminal sale of a controlled substance in the
fourth degree as defined in section 220.34 of the  penal  law,  criminal
sale of a controlled substance in the third degree as defined in section
220.39  of the penal law, criminal sale of a controlled substance in the
second degree as defined in section 220.41 of the  penal  law,  criminal
sale of a controlled substance in the first degree as defined in section
220.43  of  the penal law, criminally possessing a hypodermic instrument
as defined in section 220.45 of  the  penal  law,  CRIMINAL  SALE  OF  A
CONTROLLED  SUBSTANCE  TO  A  CHILD  AS DEFINED IN SECTION 220.48 OF THE
PENAL LAW, TRAFFICKING THROUGH A CONTROLLED  SUBSTANCE  ORGANIZATION  AS
DEFINED IN SECTION 220.68 OF THE PENAL LAW, criminal possession of meth-
amphetamine  manufacturing  material  in the second degree as defined in
section 220.70 of the penal law, criminal possession of  methamphetamine
manufacturing  material in the first degree as defined in section 220.71
of the penal law, criminal possession of precursors  of  methamphetamine
as  defined  in section 220.72 of the penal law, unlawful manufacture of
methamphetamine in the third degree as defined in section 220.73 of  the
penal  law, unlawful manufacture of methamphetamine in the second degree
as defined in section 220.74 of the penal law, unlawful  manufacture  of
methamphetamine  in the first degree as defined in section 220.75 of the
penal law, unlawful disposal of methamphetamine laboratory  material  as
defined in section 220.76 of the penal law, criminal possession of mari-
huana in the first degree as defined in section 221.30 of the penal law,
criminal  sale  of  marihuana  in the first degree as defined in section
221.55 of the penal law, promoting gambling  in  the  second  degree  as
defined  in  section  225.05 of the penal law, promoting gambling in the
first degree as defined in section 225.10 of the penal  law,  possession
of gambling records in the second degree as defined in section 225.15 of
the  penal  law,  possession  of gambling records in the first degree as
defined in section 225.20 of the penal law, [and] possession of a gambl-
ing device as defined in section 225.30 of the penal  law  AND  CRIMINAL
POSSESSION  OF A WEAPON WHILE SELLING OR ATTEMPTING TO SELL A CONTROLLED
SUBSTANCE AS DEFINED IN SECTION 265.18 OF THE PENAL LAW;
  S 21. The criminal procedure law is amended by adding  a  new  section
160.65 to read as follows:
S 160.65 PETITION   TO  CONDITIONALLY  SEAL  A  CONVICTION  FOR  CERTAIN
          CONTROLLED SUBSTANCE OR MARIJUANA OFFENSES.
  1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL MEAN AS FOLLOWS:
  (A) "ELIGIBLE FELONY" SHALL BE A FELONY OFFENSE DEFINED IN ARTICLE TWO
HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, OTHER THAN  A
CLASS  A FELONY OFFENSE OR AN OFFENSE DEFINED IN PARAGRAPH (B) OR (C) OF
SUBDIVISION FIVE OF SECTION 440.46 OF THIS CHAPTER; AND
  (B) "ELIGIBLE MISDEMEANOR" SHALL BE A MISDEMEANOR OFFENSE  DEFINED  IN
ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW.
  2.  A PERSON HAVING A CONVICTION FOR NO MORE THAN ONE ELIGIBLE FELONY,
WHO  DOES  NOT  STAND  CONVICTED  OF ANY OTHER FELONY OR ANY OFFENSE FOR
WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO SUBDIVISION
TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW,
MAY PETITION FOR THE RECORD OF SUCH ELIGIBLE FELONY AND/OR NO MORE  THAN
THREE ELIGIBLE MISDEMEANORS TO BE CONDITIONALLY SEALED:
  (A)  UPON  THE  PERSON'S COMPLETION OF THE SENTENCE, AND ANY PERIOD OF
POST-RELEASE  SUPERVISION  WHERE  APPLICABLE,  ON  AN  ELIGIBLE  FELONY,

A. 6085                            13

PROVIDED  THAT  SUCH  PERSON  HAS  COMPLETED A SUBSTANCE ABUSE TREATMENT
PROGRAM;
  (B) UPON COMPLETION OF A SENTENCE ON AN ELIGIBLE MISDEMEANOR;
  (C)  TWO  YEARS  OR  MORE  AFTER THE COMPLETION OF A SENTENCE, AND ANY
PERIOD OF POST-RELEASE SUPERVISION WHERE APPLICABLE, ON A CLASS D  OR  E
ELIGIBLE FELONY, PROVIDED THAT SUCH PERSON HAS NOT BEEN CONVICTED OF ANY
CRIME FOR THE LAST TWO YEARS; OR
  (D)  FOUR  YEARS  OR  MORE AFTER THE COMPLETION OF A SENTENCE, AND ANY
PERIOD OF POST-RELEASE SUPERVISION WHERE APPLICABLE, ON A CLASS B  OR  C
ELIGIBLE FELONY, PROVIDED THAT SUCH PERSON HAS NOT BEEN CONVICTED OF ANY
CRIME FOR THE LAST FOUR YEARS.
  3. A PETITION AUTHORIZED BY THIS SECTION SHALL INCLUDE:
  (A)  IDENTIFICATION  OF  THE  CONVICTION  OR CONVICTIONS FOR WHICH THE
PETITIONER IS SEEKING RELIEF;
  (B) DOCUMENTATION THAT THE  SENTENCE  IMPOSED  ON  THE  CONVICTION  OR
CONVICTIONS  HAS  BEEN  COMPLETED  AND  DATE  OF  COMPLETION, OR IF SUCH
DOCUMENTATION IS NOT REASONABLY AVAILABLE, A SWORN  AFFIDAVIT  THAT  THE
SENTENCE IMPOSED ON THE CONVICTION OR CONVICTIONS HAS BEEN COMPLETED AND
DATE OF COMPLETION;
  (C) FOR PETITIONS FILED UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION, EVIDENCE THAT THE PETITIONER COMPLETED A SUBSTANCE ABUSE TREAT-
MENT  PROGRAM  AND  THAT THE PETITIONER IS NOT DEPENDENT ON ALCOHOL OR A
CONTROLLED SUBSTANCE EXCEPT AS PRESCRIBED BY A MEDICAL PRACTITIONER;
  (D) A SWORN AFFIDAVIT THAT NO CRIMINAL CHARGES ARE PENDING AGAINST THE
PETITIONER, THAT THE PETITIONER HAS BEEN CONVICTED OF NO FELONY,  OR  NO
MORE THAN ONE ELIGIBLE FELONY, AND DOES NOT STAND CONVICTED OF ANY OTHER
FELONY  OR  ANY  OFFENSE  FOR  WHICH  REGISTRATION  AS A SEX OFFENDER IS
REQUIRED PURSUANT TO SUBDIVISION TWO OR THREE  OF  SECTION  ONE  HUNDRED
SIXTY-EIGHT-A OF THE CORRECTION LAW; AND
  (E)  ANY  OTHER  SUPPORTING  MATERIALS  THAT WOULD ASSIST THE COURT IN
DETERMINING WHETHER IT WOULD BE IN THE INTEREST OF JUSTICE TO GRANT  THE
PETITION.
  4. THE PETITION AUTHORIZED BY THIS SECTION SHALL BE FILED AS FOLLOWS:
  (A)  WHERE  THE  RECORDS  SOUGHT TO BE CONDITIONALLY SEALED INCLUDE AN
ELIGIBLE FELONY, THE PETITION SHALL BE FILED IN THE COURT OF RECORD THAT
IMPOSED SENTENCE UPON THE PETITIONER FOR SUCH ELIGIBLE FELONY;
  (B) WHERE THE RECORDS SOUGHT TO BE CONDITIONALLY SEALED  INCLUDE  ONLY
AN  ELIGIBLE MISDEMEANOR OR ELIGIBLE MISDEMEANORS, THE PETITION SHALL BE
FILED IN THE COURT THAT LAST IMPOSED A SENTENCE UPON PETITIONER  FOR  AN
ELIGIBLE MISDEMEANOR.
  (C)  THE  PETITIONER  SHALL NOTIFY AND SERVE A COPY OF THE PETITION ON
THE DISTRICT ATTORNEY OF EACH JURISDICTION IN WHICH THE  PETITIONER  WAS
CONVICTED OF A CRIME WITHIN TEN DAYS OF THE DATE THE PETITION WAS FILED.
THE  DISTRICT  ATTORNEY,  WITHIN  THIRTY DAYS OF RECEIVING NOTICE OF THE
PETITION, MAY SERVE AND SUBMIT MATERIALS IN SUPPORT OF THE  PETITION  OR
TO  DEMONSTRATE  THAT  THE  INTEREST  OF  JUSTICE WOULD NOT BE SERVED BY
GRANTING THE PETITION.
  (D) UPON THE FILING OF A PETITION, THE SENTENCING COURT SHALL  REQUEST
FROM   THE   DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  A  COPY  OF  THE
PETITIONER'S CURRENT  CRIMINAL  HISTORY  RECORD,  INCLUDING  ANY  SEALED
CONVICTION  INFORMATION. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM THE FEDERAL  BUREAU
OF  INVESTIGATION REGARDING CONVICTIONS THAT OCCURRED IN OTHER JURISDIC-
TIONS.  THE DIVISION IS HEREBY AUTHORIZED TO  RECEIVE  SUCH  INFORMATION
FROM  THE FEDERAL BUREAU OF INVESTIGATION FOR THIS PURPOSE.  THE PARTIES
SHALL BE PERMITTED TO EXAMINE THESE RECORDS.

A. 6085                            14

  5. UPON REQUEST OF THE PETITIONER OR A DISTRICT ATTORNEY OF  A  JURIS-
DICTION  WHERE  THE PETITIONER WAS CONVICTED OF A CRIME, THE COURT SHALL
CONDUCT A HEARING ON THE PETITION. SUCH HEARING SHALL BE CONDUCTED WITH-
IN NINETY DAYS OF THE DATE THE PETITION WAS  FILED  UNLESS  THE  PARTIES
CONSENT TO A LONGER PERIOD.
  6.  (A) THE SENTENCING COURT SHALL DETERMINE WHETHER THE PETITIONER IS
ELIGIBLE AND HAS DEMONSTRATED, BY A PREPONDERANCE OF THE EVIDENCE,  THAT
IT  WOULD BE IN THE INTEREST OF JUSTICE TO GRANT THE PETITION. IN MAKING
ITS DETERMINATION, THE COURT SHALL CONSIDER THE FOLLOWING FACTORS:
  (I) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE OR OFFENSES  THAT
RESULTED IN THE CONVICTION OR CONVICTIONS;
  (II)  THE  CHARACTER  OF  THE  PETITIONER, INCLUDING EVIDENCE THAT THE
PETITIONER  PARTICIPATED  IN  AND  SUCCESSFULLY  COMPLETED  ALCOHOL   OR
SUBSTANCE ABUSE TREATMENT OR OTHERWISE ADDRESSED A HISTORY OF ALCOHOL OR
SUBSTANCE ABUSE OR CHEMICAL DEPENDENCE;
  (III) THE CRIMINAL HISTORY OF THE PETITIONER;
  (IV)  THE  IMPACT  OF GRANTING THE PETITION UPON THE REHABILITATION OF
THE PETITIONER AND HIS OR HER  SUCCESSFUL  AND  PRODUCTIVE  REENTRY  AND
REINTEGRATION INTO SOCIETY, AND ON PUBLIC SAFETY; AND
  (V) ANY OTHER RELEVANT FACTORS.
  (B)  THE  SENTENCING  COURT SHALL MAKE A DETERMINATION ON THE PETITION
FOLLOWING THE CONCLUSION OF THE HEARING CONDUCTED PURSUANT  TO  SUBDIVI-
SION  FIVE  OF  THIS  SECTION, OR, WHERE NO HEARING IS CONDUCTED, WITHIN
NINETY DAYS OF THE DATE THE PETITION WAS FILED AND SHALL STATE IN  WRIT-
ING THE REASONS FOR ITS DETERMINATION.
  (C)  UPON THE GRANTING OF A PETITION, THE SENTENCING COURT SHALL ISSUE
A CONDITIONAL SEALING ORDER AND PROMPTLY NOTIFY IN WRITING THE PETITION-
ER, THE DISTRICT ATTORNEY OF EACH JURISDICTION IN WHICH  THE  PETITIONER
WAS CONVICTED OF A CRIME, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES.
THE  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL NOTIFY THE CLERK OF THE
COURT WHERE SUCH ACTIONS OR PROCEEDINGS SHALL BE SEALED,  THE  HEADS  OF
ALL APPROPRIATE POLICE DEPARTMENTS AND OTHER LAW ENFORCEMENT AGENCIES OF
THE  CONDITIONAL SEALING ORDER. UPON SUCH NOTIFICATION, RECORDS SHALL BE
SEALED IN A MANNER CONSISTENT WITH SECTION 160.50 OF THIS  ARTICLE.  THE
SENTENCING  COURT  SHALL  ALSO NOTIFY THE PETITIONER THAT ANY SUBSEQUENT
CHARGE FOR ANY MISDEMEANOR OR  FELONY  SHALL  CONDITIONALLY  UNSEAL  THE
RECORD  OF THE CONVICTION OR CONVICTIONS AND THAT IF SUCH CHARGE RESULTS
IN A CONVICTION FOR A CRIME, THE CONDITIONAL SEALING ORDER WILL BE AUTO-
MATICALLY VACATED.
  (D) IF THE PETITION IS DENIED, THE  SENTENCING  COURT  SHALL  PROMPTLY
NOTIFY IN WRITING THE PETITIONER AND ANY DISTRICT ATTORNEY WHO SUBMITTED
MATERIALS  PURSUANT  TO  THIS SUBDIVISION. THE PETITIONER MAY FILE A NEW
PETITION PURSUANT TO THIS SECTION NO LESS  THAN  TWO  YEARS  AFTER  SUCH
DENIAL.
  7.  IN  THE  EVENT  THAT  A  PERSON WHO HAS HAD A RECORD CONDITIONALLY
SEALED UNDER THIS SECTION IS SUBSEQUENTLY  CHARGED  WITH  A  CRIME,  THE
RECORDS RELATING TO THE CONVICTION OR CONVICTIONS SHALL BE CONDITIONALLY
UNSEALED  PENDING  THE  FINAL  DISPOSITION OF THE CHARGE. IF SUCH CHARGE
RESULTS IN A CONVICTION OF A CRIME, THE CONDITIONAL SEALING ORDER  SHALL
BE  DEEMED  AUTOMATICALLY  VACATED.  THE  DIVISION  OF  CRIMINAL JUSTICE
SERVICES AND ANY OTHER ENTITY SUBJECT TO SUCH  ORDER  SHALL  UNSEAL  ANY
RECORDS  THAT  HAD  BEEN  SEALED  BY VIRTUE OF THIS SECTION. ALL RECORDS
UNSEALED PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE  RESTORED  TO  THEIR
ORIGINAL  STATUS AND TREATED AS THOUGH THE CONDITIONAL SEALING ORDER HAD
NOT BEEN ENTERED. IF SUCH SUBSEQUENT CHARGE RESULTS IN PROCEEDINGS  THAT
ARE TERMINATED IN FAVOR OF THE ACCUSED AS DESCRIBED IN SUBDIVISION THREE

A. 6085                            15

OF  SECTION  160.50  OF  THIS ARTICLE OR BY CONVICTION FOR A NONCRIMINAL
OFFENSE AS DESCRIBED IN SECTION 160.55 OF  THIS  ARTICLE,  THE  ORIGINAL
CONDITIONAL  SEALING  ORDER SHALL BE RESTORED TO FULL EFFECT.  THE COURT
HEARING SUCH SUBSEQUENT CHARGE SHALL THEN ISSUE AN ORDER CONSISTENT WITH
PARAGRAPH (C) OF SUBDIVISION SIX OF THIS SECTION.
  8.  FOR  PURPOSES OF THIS SECTION, CONDITIONAL SEALING SHALL MEAN THAT
THE RECORDS OF THE SUBJECT CONVICTION OR CONVICTIONS ARE SEALED  IN  THE
MANNER PROVIDED IN SECTION 160.50 OF THIS ARTICLE, AND SHALL NOT BE MADE
AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY, EXCEPT SUCH RECORDS
SHALL  BE  MADE AVAILABLE TO: (A) THE PETITIONER OR TO SUCH PETITIONER'S
DESIGNATED AGENT; (B) A PROSECUTOR, A LAW ENFORCEMENT AGENCY, OR A COURT
WHICH HAS RESPONSIBILITY FOR CRIMINALLY INVESTIGATING,  PROSECUTING,  OR
ADJUDICATING  THE  PETITIONER;  (C)  ANY STATE OR LOCAL OFFICE OR AGENCY
WITH RESPONSIBILITY FOR THE ISSUANCE OF LICENSES TO POSSESS  GUNS,  WHEN
THE PETITIONER HAS MADE APPLICATION FOR SUCH A LICENSE; (D) ANY PROSPEC-
TIVE  EMPLOYER  OF  A POLICE OFFICER OR PEACE OFFICER AS THOSE TERMS ARE
DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF SECTION 1.20  OF
THIS  CHAPTER,  IN RELATION TO AN APPLICATION FOR EMPLOYMENT AS A POLICE
OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY PERSON WHO IS AN
APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE OFFICER  SHALL  BE
FURNISHED  WITH  A COPY OF ALL RECORDS OBTAINED UNDER THIS PARAGRAPH AND
AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERETO; (E)  PERSONS  OR
PUBLIC  OR PRIVATE AGENCIES WHO ARE MANDATED BY LAW TO FINGERPRINT INDI-
VIDUALS AS PART OF A BACKGROUND  CHECK;  (F)  PROSPECTIVE  EMPLOYERS  OF
CAREGIVERS  WHO  SUBMIT FINGERPRINTS TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES UNDER SECTION EIGHT HUNDRED  THIRTY-SEVEN-N  OF  THE  EXECUTIVE
LAW;  (G)  THE  NEW YORK STATE DIVISION OF PAROLE WHEN THE PETITIONER IS
UNDER PAROLE SUPERVISION; AND (H) THE LOCAL PROBATION DEPARTMENT RESPON-
SIBLE FOR SUPERVISION OF THE PETITIONER.   RECORDS CONDITIONALLY  SEALED
PURSUANT  TO  THIS  SECTION  SHALL  ALSO BE MADE AVAILABLE, IF OTHERWISE
ADMISSIBLE, FOR USE BEFORE THE JURY, OR THE JUDGE AS TRIER OF  FACT,  IF
THE  PERSON  WHO IS THE SUBJECT OF THE RECORD IS A WITNESS AS DEFINED IN
PARAGRAPH (B) OR (C) OF SUBDIVISION ONE  OR  PARAGRAPH  (B)  OR  (C)  OF
SUBDIVISION TWO OF SECTION 240.45 OF THIS CHAPTER.
  9. ANY PERSON OR AGENCY THAT KNOWINGLY RELEASES OR PERMITS THE RELEASE
OF  ANY RECORD OR INFORMATION THAT IS SEALED PURSUANT TO THIS SECTION TO
ANY PERSON OR AGENCY NOT AUTHORIZED TO RECEIVE IT SHALL BE SUBJECT TO  A
CIVIL  PENALTY  FOR  EACH  SUCH VIOLATION OF UP TO ONE THOUSAND DOLLARS.
SUCH PENALTIES MAY BE RECOVERED IN A CIVIL ACTION BROUGHT BY THE  ATTOR-
NEY GENERAL OR BY THE PERSON WHO IS THE SUBJECT OF SUCH RECORD OR INFOR-
MATION. WHEN THE PREVAILING PLAINTIFF IN SUCH CIVIL ACTION IS THE PERSON
WHO  IS  THE  SUBJECT  OF  SUCH  RECORD  OR INFORMATION, THE COURT SHALL
INCLUDE IN THE JUDGMENT AN AWARD OF COSTS AND ATTORNEYS FEES.
  S 22. Section 160.60 of the criminal  procedure  law,  as  amended  by
chapter 877 of the laws of 1976, is amended to read as follows:
S 160.60 Effect  of  termination  of  criminal  actions  in favor of the
           accused.
  Upon the termination of a criminal  action  or  proceeding  against  a
person in favor of such person, as defined in subdivision two of section
160.50  of  this [chapter] ARTICLE, OR UPON THE CONDITIONAL SEALING OF A
CONVICTION OR CONVICTIONS, AS DESCRIBED IN SECTION 160.65 OF THIS  ARTI-
CLE,  the arrest [and], prosecution AND CONVICTION OR CONVICTIONS CONDI-
TIONALLY SEALED shall be deemed a  nullity  and  the  accused  shall  be
restored,  in contemplation of law, to the status he occupied before the
arrest [and], prosecution AND CONVICTION OR  CONVICTIONS.    The  arrest
[or],  prosecution, CONVICTION OR CONVICTIONS CONDITIONALLY SEALED shall

A. 6085                            16

not operate as a disqualification of any person so accused to pursue  or
engage  in  any  lawful  activity,  occupation,  profession,  or calling
PROVIDED, HOWEVER, A PERSON WHO HAS  HAD  A  CONVICTION  OR  CONVICTIONS
CONDITIONALLY  SEALED  PURSUANT  TO SECTION 160.65 OF THIS ARTICLE SHALL
CONTINUE TO BE DISQUALIFIED FROM WORKING IN AN OCCUPATION OR  PROFESSION
WHERE  THE LAW MANDATES THAT SUCH PERSON IS SO DISQUALIFIED BASED ON THE
NATURE OF THE OFFENSE.  Except where specifically required or  permitted
by  statute  or upon specific authorization of a superior court, no such
person shall be required to divulge information pertaining to the arrest
[or], prosecution, CONVICTION OR CONVICTIONS  CONDITIONALLY  SEALED.  IN
THE CASE OF A CONVICTION CONDITIONALLY SEALED, AN EMPLOYER, EXCEPT THOSE
PERSONS OR PUBLIC OR PRIVATE AGENCIES WHO ARE MANDATED BY LAW TO FINGER-
PRINT  INDIVIDUALS AS PART OF A BACKGROUND CHECK AND PROSPECTIVE EMPLOY-
ERS OF CAREGIVERS UNDER SECTION  EIGHT  HUNDRED  THIRTY-SEVEN-N  OF  THE
EXECUTIVE  LAW,  MAY  ONLY  ASK WHETHER A PERSON HAS BEEN CONVICTED OF A
CRIME THAT HAS NOT BEEN CONDITIONALLY  SEALED.  IN  THE  EVENT  THAT  AN
EMPLOYER ASKS AN UNLAWFUL QUESTION, THE PERSON SHALL ONLY HAVE TO REVEAL
THOSE CRIMINAL CONVICTIONS THAT HAVE NOT BEEN CONDITIONALLY SEALED.
  S  23.  Section  450.10  of  the  criminal procedure law is amended by
adding two new subdivisions 6 and 7 to read as follows:
  6. AN ORDER, ENTERED PURSUANT TO SECTION 160.65 OF THIS TITLE, DENYING
A PETITION TO CONDITIONALLY SEAL THE RECORD OF  AN  ELIGIBLE  FELONY  OR
MISDEMEANOR AS SUCH TERMS ARE DEFINED IN SUCH SECTION.
  7. AN ORDER, ENTERED PURSUANT TO SECTION 440.46 OF THIS TITLE, DENYING
A MOTION FOR RESENTENCING MADE PURSUANT TO SUCH SECTION.
  S  24.  Subdivision 16 of section 296 of the executive law, as amended
by chapter 639 of the laws of 2007, is amended to read as follows:
  16. It shall be an unlawful discriminatory  practice,  unless  specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
involved, any arrest or criminal accusation of such individual not  then
pending  against  that individual which was followed by a termination of
that criminal action or proceeding  in  favor  of  such  individual,  as
defined  in  subdivision two of section 160.50 of the criminal procedure
law, or by a youthful offender adjudication, as defined  in  subdivision
one  of section 720.35 of the criminal procedure law, or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law in connection with the licensing, employment  or  providing  of
credit or insurance to such individual, OR ANY CONVICTION OR CONVICTIONS
THAT  HAVE  BEEN CONDITIONALLY SEALED, AS DESCRIBED IN SECTION 160.65 OF
THE CRIMINAL PROCEDURE LAW; provided, however, that the provisions here-
of shall not apply to the licensing activities of governmental bodies in
relation to the regulation of guns, firearms and other deadly weapons or
in relation to an application for employment  as  a  police  officer  or
peace  officer  as  those terms are defined in subdivisions thirty-three
and thirty-four of section 1.20 of the criminal procedure law;  provided
further  that  the  provisions of this subdivision shall not apply to an
application for employment or membership in any law  enforcement  agency
with  respect to any arrest or criminal accusation which was followed by
a youthful offender adjudication,  as  defined  in  subdivision  one  of
section  720.35  of the criminal procedure law, or by a conviction for a
violation sealed pursuant to section 160.55 of  the  criminal  procedure
law.

A. 6085                            17

  S  25.  Subdivision 2 of section 259-i of the executive law is amended
by adding a new paragraph (b-l) to read as follows:
  (B-1)  (I)  AN  INMATE CONVICTED AND SERVING A SENTENCE FOR AN OFFENSE
DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE  OF  THE
PENAL  LAW,  WHO WAS ASSESSED AND IDENTIFIED AS HAVING AN ALCOHOL AND/OR
SUBSTANCE ABUSE DEPENDENCY BY THE DEPARTMENT, AND  WHO  IS  RELEASED  ON
PAROLE,  CONDITIONAL  RELEASE  OR  POST-RELEASE  SUPERVISION SHALL, AS A
CONDITION THEREOF, BE REQUIRED  TO  PARTICIPATE  IN  A  SUBSTANCE  ABUSE
TREATMENT  PROGRAM  CERTIFIED  BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES FOR A MINIMUM OF ONE YEAR OR UNTIL  TERMINATION  OF  SUCH
PAROLE,  CONDITIONAL  RELEASE  OR  POST-RELEASE  SUPERVISION,  WHICHEVER
OCCURS FIRST.  SUCH SUPERVISION SHALL INCLUDE PERIODIC URINALYSIS.   THE
CONDITIONS  MANDATED  BY  THIS SUBPARAGRAPH SHALL NOT BE REQUIRED IF THE
BOARD OR THE DIVISION FIND THAT SUCH CONDITIONS ARE INAPPROPRIATE IN ANY
INDIVIDUAL CASE.  THE DIVISION SHALL PROVIDE ASSISTANCE IN  FINDING  AND
SECURING  PLACEMENT  IN AN APPROPRIATE SUBSTANCE ABUSE TREATMENT PROGRAM
FOR EACH RELEASEE SUBJECT TO THE CONDITION  MANDATED  BY  THIS  SUBPARA-
GRAPH.
  (II) AN INMATE SERVING AN INDETERMINATE OR DETERMINATE SENTENCE, OTHER
THAN  A  SENTENCE  FOR A FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OR
TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, WHO WAS ASSESSED AS  HAVING  AN
ALCOHOL  AND/OR SUBSTANCE ABUSE DEPENDENCY BY THE DEPARTMENT, AND WHO IS
RELEASED ON PAROLE,  CONDITIONAL  RELEASE  OR  POST-RELEASE  SUPERVISION
SHALL,  AS  A  CONDITION OF SUCH PAROLE, CONDITIONAL RELEASE OR POST-RE-
LEASE SUPERVISION, BE REQUIRED  TO  PARTICIPATE  IN  A  SUBSTANCE  ABUSE
TREATMENT  PROGRAM  CERTIFIED  BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES FOR A MINIMUM OF ONE YEAR OR UNTIL  TERMINATION  OF  SUCH
PAROLE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION, WHICHEVER FIRST
OCCURS.  SUCH PROGRAM SHALL INCLUDE PERIODIC URINALYSIS.  THE CONDITIONS
MANDATED  BY THIS SUBPARAGRAPH SHALL NOT BE REQUIRED IF THE BOARD OR THE
DIVISION FIND THAT SUCH CONDITIONS ARE INAPPROPRIATE IN  ANY  INDIVIDUAL
CASE.    THE  DIVISION  SHALL PROVIDE ASSISTANCE IN FINDING AND SECURING
PLACEMENT IN AN APPROPRIATE SUBSTANCE ABUSE TREATMENT PROGRAM  FOR  EACH
RELEASEE SUBJECT TO THE CONDITION MANDATED BY THIS SUBPARAGRAPH.
  S  26.   The executive law is amended by adding a new section 837-s to
read as follows:
  S 837-S.  COMBINED LAW ENFORCEMENT AND  COMMUNITY  STRATEGY  TARGETING
STREET-LEVEL  DRUG  CRIME  PROGRAM.  THE DIVISION SHALL CONTRACT WITH AN
OUTSIDE ACADEMIC INSTITUTION  TO  COORDINATE  THREE  PILOT  PROGRAMS  IN
DISCRETE,  TARGETED  NEIGHBORHOODS LOCATED IN THREE DIFFERENT GEOGRAPHIC
AREAS OF THE STATE TO SIGNIFICANTLY REDUCE  STREET-LEVEL  UNLAWFUL  DRUG
ACTIVITY,  ESPECIALLY AS IT RELATES TO VIOLENT CRIME AND CRIMINAL ACTIV-
ITY IN SUCH AREAS, THROUGH A "COMBINED  LAW  ENFORCEMENT  AND  COMMUNITY
STRATEGY  TO  ELIMINATE  STREET-LEVEL  DRUG CRIME". FOR PURPOSES OF THIS
SECTION, A "COMBINED LAW ENFORCEMENT AND COMMUNITY STRATEGY TO ELIMINATE
STREET-LEVEL DRUG CRIME" SHALL MEAN A PROGRAM WHICH:
  1. USES CRIME MAPPING INFORMATION TO TARGET GEOGRAPHIC  DRUG  MARKETS,
DRUG-DEALERS,  DRUG  SUPPLIERS  AND  STREET LEVEL DRUG SALES THAT IMPACT
COMMUNITY SAFETY;
  2. BUILDING ON A STATISTICAL AND MAPPING FOUNDATION, GATHERS EXTENSIVE
INTELLIGENCE ON NETWORKS OF INDIVIDUALS INVOLVED IN THE LOCAL DRUG SCENE
AND INDIVIDUAL PATTERNS OF CRIMINAL BEHAVIOR;
  3. USES A JOINT POLICE-COMMUNITY PARTNERSHIP  TO  IDENTIFY  INDIVIDUAL
OFFENDERS,  NOTIFY  THEM OF THE CONSEQUENCES OF CONTINUED ILLEGAL ACTIV-
ITY, AND UNDERTAKE MEASURES DESIGNED TO ELIMINATE SUCH CRIMINAL BEHAVIOR
THROUGH A COMMUNITY-BASED COORDINATOR  WHO  IDENTIFIES  ALTERNATIVES  TO

A. 6085                            18

CONTINUED  UNLAWFUL  DRUG  ACTIVITY  AND  ACTS  TO REDUCE RECIDIVISM AND
VIOLENT CRIME AND ENHANCE PUBLIC SAFETY; AND
  4. PROVIDES FOR THE BRINGING OF CRIMINAL CHARGES AGAINST OFFENDERS WHO
DO NOT CEASE ILLEGAL ACTIVITY.
  S  27. Subdivision 1 of section 211 of the judiciary law is amended by
adding a new paragraph (m) to read as follows:
  (M) THE ESTABLISHMENT AND OPERATION OF DRUG COURTS AND THEIR EFFECTIVE
AND EFFICIENT UTILIZATION OF FUNDS, SERVICES AND JUDICIAL AND  NON-JUDI-
CIAL PERSONNEL.
  S  28. Subdivision 1 of section 212 of the judiciary law is amended by
adding a new paragraph (w) to read as follows:
  (W) SUBJECT TO THE AVAILABILITY OF APPROPRIATIONS TO  FUND  THE  COSTS
THEREOF: (I) DESIGNATE AT LEAST ONE COURT IN EACH COUNTY OF THE STATE AS
A  DRUG  COURT,  AND  (II)  IN CONSULTATION WITH SUCH PUBLIC AND PRIVATE
AGENCIES AS MAY BE NECESSARY, ESTABLISH AN APPROPRIATE TRAINING  PROGRAM
PARTICIPATION  IN  WHICH SHALL BE REQUIRED FOR JUDICIAL AND NON-JUDICIAL
PERSONNEL WHO SERVE IN A  DRUG  COURT.    SUCH  TRAINING  PROGRAM  SHALL
INCLUDE  BUT  NOT  BE  LIMITED  TO A SUBSTANCE ABUSE TREATMENT CURRICULA
APPROVED BY THE OFFICE OF ALCOHOL AND SUBSTANCE ABUSE SERVICES, A TRAIN-
ING SESSION TO BE PRESENTED BY A PROSECUTION  REPRESENTATIVE  DESIGNATED
BY  THE  NEW  YORK  STATE DISTRICT ATTORNEY'S ASSOCIATION AND A TRAINING
SESSION TO BE PRESENTED BY THE NEW YORK STATE DEFENDERS ASSOCIATION.
  S 29. Subdivisions 3, 5 and 6 of section 60.04 of the  penal  law,  as
added  by  chapter  738  of  the  laws  of  2004, are amended to read as
follows:
  3. Class B felonies. Every person convicted of a class B  felony  must
be   sentenced   to  imprisonment  in  accordance  with  the  applicable
provisions of section 70.70  of  this  title,  [unless  such  person  is
convicted  of  a class B felony and is sentenced to] A DEFINITE SENTENCE
OF IMPRISONMENT WITH A TERM OF ONE YEAR OR LESS OR probation in  accord-
ance  with  section  65.00  of  this  title  PROVIDED, HOWEVER, A PERSON
CONVICTED OF CRIMINAL SALE OF A  CONTROLLED  SUBSTANCE  TO  A  CHILD  AS
DEFINED  IN SECTION 220.48 OF THIS CHAPTER MUST BE SENTENCED TO A DETER-
MINATE SENTENCE OF IMPRISONMENT ACCORDING TO THE  APPLICABLE  PROVISIONS
OF SECTION 70.70 OF THIS TITLE.
  5. Multiple felony offender. Where the court imposes a sentence upon a
second  felony drug offender, as defined in paragraph (b) of subdivision
one of section 70.70 of this title, it must sentence  such  offender  to
imprisonment  in  accordance  with  the applicable provisions of section
70.70 of this title, A DEFINITE SENTENCE OF IMPRISONMENT WITH A TERM  OF
ONE  YEAR OR LESS, OR PROBATION IN ACCORDANCE WITH SECTION 65.00 OF THIS
TITLE, PROVIDED, HOWEVER, THAT SUCH A PERSON TO BE SENTENCED FOR OR WITH
A PREDICATE FELONY CONVICTION FOR AN OFFENSE  DESCRIBED  IN  SUBDIVISION
FIVE  OF  SECTION 440.46 OF THE CRIMINAL PROCEDURE LAW MUST BE SENTENCED
TO A DETERMINATE SENTENCE OF IMPRISONMENT IN ACCORDANCE WITH THE  APPLI-
CABLE PROVISIONS OF SECTION 70.70 OF THIS TITLE.
  6.  Substance  abuse  treatment.  When the court imposes a sentence of
imprisonment which requires a commitment  to  the  state  department  of
correctional services upon a person who stands convicted of a controlled
substance  or  marihuana  offense,  the  court  may,  upon motion of the
defendant in its discretion, issue an order directing that  the  depart-
ment  of correctional services enroll the defendant in the comprehensive
alcohol  and  substance  abuse  treatment  program  in  an  alcohol  and
substance abuse correctional annex as defined in subdivision eighteen of
section  two  of  the  correction  law, provided that the defendant will
satisfy the statutory eligibility criteria  for  participation  in  such

A. 6085                            19

program.  Notwithstanding  the foregoing provisions of this subdivision,
any defendant to be enrolled in such program pursuant to  this  subdivi-
sion  shall be governed by the same rules and regulations promulgated by
the  department  of  correctional services, including without limitation
those rules and regulations establishing requirements for completion and
those rules and regulations governing discipline and  removal  from  the
program.  No  such  period of court ordered corrections based drug abuse
treatment pursuant to this  subdivision  shall  be  required  to  extend
beyond  the  defendant's conditional release date. AFTER THE DEFENDANT'S
ARRIVAL IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONAL  SERVICES,  THE
COMMISSIONER  OF  SUCH  DEPARTMENT SHALL NOTIFY THE SENTENCING COURT AND
THE DEFENDANT IN WRITING CONCERNING THE DEFENDANT'S ENROLLMENT  IN  SUCH
COMPREHENSIVE ALCOHOL AND SUBSTANCE ABUSE TREATMENT PROGRAM.
  S 30. Section 60.05 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
  8. JUDICIALLY SENTENCED SHOCK INCARCERATION. WHERE THE COURT IMPOSES A
SENTENCE OF IMPRISONMENT IN ACCORDANCE WITH THIS SECTION AND THE DEFEND-
ANT  IS ELIGIBLE FOR SENTENCING PURSUANT TO SUBDIVISION THREE OF SECTION
EIGHT HUNDRED SIXTY-FIVE OF THE  CORRECTION  LAW,  THEN  THE  COURT  MAY
SENTENCE  THE  DEFENDANT  AS  A JUDICIALLY SENTENCED SHOCK INCARCERATION
INMATE.  AFTER THE DEFENDANT'S ARRIVAL IN THE CUSTODY OF THE  DEPARTMENT
OF  CORRECTIONAL  SERVICES,  THE  COMMISSIONER  OF SUCH DEPARTMENT SHALL
NOTIFY THE SENTENCING COURT AND THE DEFENDANT IN WRITING CONCERNING  THE
DEFENDANT'S ENROLLMENT IN SUCH SHOCK INCARCERATION PROGRAM.
  S  31.  The  opening  paragraph  of  paragraph (b) of subdivision 1 of
section 65.00 of the penal law, as amended by chapter 410 of the laws of
1979, is amended to read as follows:
  The court, with the concurrence of either the administrative judge  of
the court or of the judicial district within which the court is situated
or such administrative judge as the presiding justice of the appropriate
appellate division shall designate, may sentence a person to a period of
probation  upon  conviction of a class A-II felony [or a class B felony]
defined in article two hundred twenty, OR THE CLASS B FELONY DEFINED  IN
SECTION 220.48 OF THIS CHAPTER, OR THE CLASS B FELONY DEFINED IN SECTION
220.44  OF  THIS CHAPTER, AS A SECOND FELONY DRUG OFFENDER, COMMITTED IN
THE MANNER SPECIFIED IN SUBPARAGRAPH FOUR OF PARAGRAPH C OF  SUBDIVISION
FIVE  OF SECTION 440.46 OF THE CRIMINAL PROCEDURE LAW, if the prosecutor
either orally on the record or in a writing filed  with  the  indictment
recommends  that the court sentence such person to a period of probation
upon the ground that such person has or is providing material assistance
in the investigation, apprehension or prosecution of any  person  for  a
felony  defined  in  article  two  hundred  twenty or the attempt or the
conspiracy to commit any such felony, and if the court, having regard to
the nature and circumstances of the crime and to the history,  character
and condition of the defendant is of the opinion that:
  S  32. Subparagraphs (i) and (ii) of paragraph (a) of subdivision 3 of
section 65.00 of the penal law, subparagraph (i) as amended  by  chapter
264  of the laws of 2003, subparagraph (ii) as amended by chapter 738 of
the laws of 2004, are amended to read as follows:
  (i) For a felony, other than a class A-II felony [or a class B felony]
defined in article two hundred twenty of this chapter, OR  THE  CLASS  B
FELONY DEFINED IN SECTION 220.48 OF THIS CHAPTER, OR THE CLASS B FELONY,
COMMITTED  BY  A SECOND FELONY DRUG OFFENDER, DESCRIBED IN PARAGRAPH (B)
OF SUBDIVISION ONE OF THIS SECTION or a sexual assault,  the  period  of
probation shall be five years;

A. 6085                            20

  (ii)  For a class A-II felony controlled substance offender as defined
in paragraph (a) of subdivision one of section 70.71 of this [chapter or
a class B second felony drug offender as defined  in  paragraph  (b)  of
subdivision one of section 70.70 of this] chapter, OR THE CLASS B FELONY
DEFINED  IN  SECTION  220.48  OF  THIS  CHAPTER,  OR THE CLASS B FELONY,
COMMITTED BY A SECOND FELONY DRUG OFFENDER, DESCRIBED IN  PARAGRAPH  (B)
OF  SUBDIVISION  ONE  OF  THIS  SECTION the period of probation shall be
life[, and for a class B felony drug offender as  defined  in  paragraph
(a)  of  subdivision one of section 70.70 of this chapter, the period of
probation shall be twenty-five years];
  S 33. Paragraph (e) of subdivision 2 of section  65.10  of  the  penal
law,  as  amended by chapter 742 of the laws of 1981, is amended to read
as follows:
  (e) Participate in an alcohol or substance abuse program  LICENSED  BY
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES or an intervention
program  approved  by  the  court  after  consultation  with  the  local
probation department  having  jurisdiction,  or  such  other  public  or
private agency as the court determines to be appropriate;
  S  34.  Section  65.10  of  the penal law is amended by adding two new
subdivisions 4-b and 4-c to read as follows:
  4-B. MANDATORY CONDITION FOR CERTAIN PERSONS  CONVICTED  OF  A  FELONY
OFFENSE  IN VIOLATION OF ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWEN-
TY-ONE OF THIS CHAPTER. WHEN IMPOSING A SENTENCE  OF  PROBATION  UPON  A
PERSON  CONVICTED  OF  A  FELONY  OFFENSE DEFINED IN ARTICLE TWO HUNDRED
TWENTY OR TWO HUNDRED TWENTY-ONE OF THIS CHAPTER AND ASSESSED AND  IDEN-
TIFIED AS HAVING AN ALCOHOL AND/OR SUBSTANCE ABUSE DEPENDENCY, THE COURT
SHALL  REQUIRE,  AS  A  MANDATORY  CONDITION OF SUCH SENTENCE, THAT SUCH
PERSON PARTICIPATE IN A SUBSTANCE ABUSE TREATMENT  PROGRAM  LICENSED  BY
THE  OFFICE  OF  ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR A PERIOD OF
ONE YEAR OR UNTIL TERMINATION OF SUCH PROBATION, WHICHEVER OCCURS FIRST.
SUCH PROGRAM SHALL INCLUDE PERIODIC URINALYSIS.  THE CONDITIONS MANDATED
BY THIS SUBDIVISION SHALL NOT BE REQUIRED IF THE COURT FINDS  THAT  SUCH
CONDITIONS  ARE  INAPPROPRIATE  IN ANY INDIVIDUAL CASE.  LOCAL PROBATION
DEPARTMENTS SHALL PROVIDE ASSISTANCE IN FINDING AND  SECURING  PLACEMENT
IN  AN  APPROPRIATE  SUBSTANCE  ABUSE  TREATMENT PROGRAM FOR EACH PERSON
SUBJECT TO THE CONDITIONS SET FORTH IN THIS SUBDIVISION.
  4-C. MANDATORY CONDITION FOR CERTAIN PERSONS  CONVICTED  OF  A  FELONY
OFFENSE  OTHER  THAN  A  VIOLATION  OF ARTICLE TWO HUNDRED TWENTY OR TWO
HUNDRED  TWENTY-ONE  OF  THIS  CHAPTER.  WHEN  IMPOSING  A  SENTENCE  OF
PROBATION  UPON  A  PERSON  CONVICTED  OF A FELONY OFFENSE OTHER THAN AN
OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED  TWENTY-ONE
OF  THIS  CHAPTER  AND  SUCH  PERSON HAS BEEN ASSESSED AND IDENTIFIED AS
HAVING AN ALCOHOL AND/OR SUBSTANCE ABUSE  DEPENDENCY,  THE  COURT  SHALL
REQUIRE,  AS  A  MANDATORY  CONDITION OF SUCH SENTENCE, THAT SUCH PERSON
PARTICIPATE IN A SUBSTANCE  ABUSE  TREATMENT  PROGRAM  LICENSED  BY  THE
OFFICE  OF  ALCOHOLISM  AND SUBSTANCE ABUSE SERVICES FOR A PERIOD OF ONE
YEAR OR UNTIL TERMINATION OF SUCH  PROBATION,  WHICHEVER  OCCURS  FIRST.
SUCH PROGRAM SHALL INCLUDE PERIODIC URINALYSIS.  THE CONDITIONS MANDATED
BY  THIS  SUBDIVISION SHALL NOT BE REQUIRED IF THE COURT FINDS THAT SUCH
CONDITIONS ARE INAPPROPRIATE IN ANY  INDIVIDUAL  CASE.  LOCAL  PROBATION
DEPARTMENTS  SHALL  PROVIDE ASSISTANCE IN FINDING AND SECURING PLACEMENT
IN AN APPROPRIATE SUBSTANCE ABUSE  TREATMENT  PROGRAM  FOR  EACH  PERSON
SUBJECT TO THE CONDITIONS SET FORTH IN THIS SUBDIVISION.
  S 35. Section 70.00 of the penal law is amended by adding a new subdi-
vision 7 to read as follows:

A. 6085                            21

  7.  TRAFFICKING  THROUGH  A  CONTROLLED  SUBSTANCE  ORGANIZATION.  THE
SENTENCE FOR THE CLASS A-I FELONY OFFENSE SPECIFIED IN SECTION 220.68 OF
THIS CHAPTER ("TRAFFICKING THROUGH A CONTROLLED SUBSTANCE ORGANIZATION")
SHALL BE AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH  SHALL  BE
LIFE IMPRISONMENT IN ACCORDANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO OF
THIS  SECTION,  AND  THE  MINIMUM PERIOD OF WHICH SHALL BE NOT LESS THAN
FIFTEEN YEARS NOR MORE THAN THIRTY YEARS IN  ACCORDANCE  WITH  PARAGRAPH
(A) OF SUBDIVISION THREE OF THIS SECTION.
  S  36.  Paragraph  (b)  of subdivision 1 of section 70.02 of the penal
law, as separately amended by chapters 764 and 765 of the laws of  2005,
is amended to read as follows:
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set  forth  in  paragraph  (a);  aggravated  criminally
negligent homicide as defined in section 125.11, aggravated manslaughter
in  the  second  degree  as defined in section 125.21, aggravated sexual
abuse in the second degree as defined in section 130.67,  assault  on  a
peace  officer,  police  officer,  fireman or emergency medical services
professional as defined in section 120.08, gang assault  in  the  second
degree  as  defined  in section 120.06, burglary in the second degree as
defined in section 140.25, robbery in the second degree  as  defined  in
section  160.10, criminal possession of a weapon in the second degree as
defined in section 265.03, criminal use  of  a  firearm  in  the  second
degree  as  defined in section 265.08, criminal sale of a firearm in the
second degree as defined in section 265.12, criminal sale of  a  firearm
with  the  aid  of  a  minor as defined in section 265.14, soliciting or
providing support for an act of terrorism in the first degree as defined
in section 490.15, hindering prosecution  of  terrorism  in  the  second
degree  as  defined  in  section 490.30, CRIMINAL POSSESSION OF A WEAPON
WHILE SELLING OR ATTEMPTING TO SELL A CONTROLLED SUBSTANCE AS DEFINED IN
SECTION 265.18 and criminal possession of a chemical weapon  or  biolog-
ical weapon in the third degree as defined in section 490.37.
  S  37.  Subdivision  3 of section 70.02 of the penal law is amended by
adding a new paragraph (b-1) to read as follows:
  (B-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVI-
SION, FOR THE CLASS C FELONY OF CRIMINAL POSSESSION OF  A  WEAPON  WHILE
SELLING  OR  ATTEMPTING  TO  SELL  A  CONTROLLED SUBSTANCE AS DEFINED IN
SECTION 265.18, THE TERM MUST BE AT LEAST FIVE YEARS AND MUST NOT EXCEED
FIFTEEN YEARS.
  S 38. Paragraphs (a) and (b) of subdivision 1 of section 70.70 of  the
penal  law,  as added by chapter 738 of the laws of 2004, are amended to
read as follows:
  (a) "Felony drug offender" means a defendant who stands  convicted  of
any felony[,] defined in article two hundred twenty or two hundred twen-
ty-one  of  this  chapter  other  than  a  class A felony, OR WHO STANDS
CONVICTED OF A FELONY DEFINED IN SECTION 105.15 OF THIS CHAPTER IN WHICH
THE UNDERLYING CONDUCT CONSTITUTES A CLASS A FELONY DEFINED  IN  SECTION
220.18, 220.21, 220.41 OR 220.43 OF THIS CHAPTER.
  (b)  "Second  felony  drug offender" means a second felony offender as
that term is defined in subdivision one of section 70.06 of  this  arti-
cle,  who  stands  convicted  of  any  felony[,]  defined in article two
hundred twenty or two hundred twenty-one of this chapter  other  than  a
class  A  felony, OR WHO STANDS CONVICTED OF A FELONY DEFINED IN SECTION
105.15 OF THIS CHAPTER IN WHICH THE  UNDERLYING  CONDUCT  CONSTITUTES  A
CLASS  A  FELONY  DEFINED IN SECTION 220.18, 220.21, 220.41 OR 220.43 OF
THIS CHAPTER.

A. 6085                            22

  S 39. Paragraphs (b) and (c) of subdivision 2 of section 70.70 of  the
penal  law,  as added by chapter 738 of the laws of 2004, are amended to
read as follows:
  (b)  Probation.  Notwithstanding any other provision of law, the court
may sentence a defendant convicted of a class B, OTHER THAN THE CRIME OF
CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD AS DEFINED IN SECTION
220.48 OF THIS CHAPTER, class C, class  D  or  class  E  felony  offense
defined  in article two hundred twenty or two hundred twenty-one of this
chapter to probation in accordance with the provisions of section  65.00
of this chapter.
  (c)  Alternative  definite sentence for CLASS B, class C, class D, and
class E felonies. If the court, having regard to the nature and  circum-
stances  of the crime and to the history and character of the defendant,
is of the opinion that a sentence of imprisonment is necessary but  that
it  would be unduly harsh to impose a determinate sentence upon a person
convicted of a CLASS B, class C, class  D  or  class  E  felony  offense
defined  in article two hundred twenty or two hundred twenty-one of this
chapter, OTHER THAN THE CRIME OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE
TO A CHILD AS DEFINED IN SECTION 220.48 OF THIS CHAPTER, the  court  may
impose a definite sentence of imprisonment and fix a term of one year or
less.
  S  40.    Paragraph (b) of subdivision 3 of section 70.70 of the penal
law, as added by chapter 738 of the laws of 2004, is amended to read  as
follows:
  (b)  Authorized sentence. Except as provided in paragraph [(c) or] (d)
of this subdivision, when the court has found pursuant to the provisions
of section 400.21 of the criminal procedure law that a  defendant  is  a
second  felony drug offender who stands convicted of a class B, class C,
class D or class E felony offense defined in article two hundred  twenty
or  two  hundred  twenty-one  of  this  chapter the court shall impose a
determinate sentence of imprisonment[. Such],  A  DEFINITE  SENTENCE  OF
IMPRISONMENT WITH A TERM OF ONE YEAR OR LESS, OR PROBATION IN ACCORDANCE
WITH SECTION 65.00 OF THIS TITLE, PROVIDED, HOWEVER, THAT A PERSON TO BE
SENTENCED  FOR  OR  WITH  A  PREDICATE  FELONY CONVICTION FOR AN OFFENSE
DESCRIBED IN SUBDIVISION FIVE OF SECTION 440.46 OF THE  CRIMINAL  PROCE-
DURE  LAW  MUST  BE SENTENCED TO A DETERMINATE PERIOD OF IMPRISONMENT IN
ACCORDANCE WITH THIS PARAGRAPH.  WHERE THE COURT IMPOSES  A  DETERMINATE
SENTENCE  OF  IMPRISONMENT, SUCH determinate sentence shall include as a
part thereof a period of post-release  supervision  in  accordance  with
section  70.45  of  this article. The terms of such determinate sentence
shall be imposed by the court in whole or half years as follows:
  S 41. Paragraph (c) of subdivision 3 of section  70.70  of  the  penal
law,  as added by chapter 738 of the laws of 2004, is amended to read as
follows:
  (c) Lifetime probation. Notwithstanding any other  provision  of  law,
the  court  may  sentence  a  defendant  convicted  of  a class B felony
[defined in article two hundred  twenty  of  this  chapter]  DEFINED  IN
SECTION  220.44 OF THIS CHAPTER, AS A SECOND FELONY DRUG OFFENDER, WHERE
SUCH OFFENSE WAS COMMITTED IN THE MANNER SPECIFIED IN SUBPARAGRAPH C  OF
SUBDIVISION  FIVE  OF  SECTION  440.46 OF THE CRIMINAL PROCEDURE LAW, to
lifetime probation in accordance with the provisions of section 65.00 of
this chapter.
  S 42. Paragraphs (a) and (b) of subdivision 1 of section 70.71 of  the
penal  law,  as added by chapter 738 of the laws of 2004, are amended to
read as follows:

A. 6085                            23

  (a) "Felony drug offender" means a defendant who stands  convicted  of
any  class  A  felony  as  defined in article two hundred twenty of this
chapter; PROVIDED, HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE A DEFENDANT
WHO STANDS CONVICTED OF AND IS TO BE SENTENCED FOR THE CLASS A-I  FELONY
OFFENSE  SPECIFIED  IN  SECTION  220.68  OF  THIS  CHAPTER ("TRAFFICKING
THROUGH A CONTROLLED SUBSTANCE ORGANIZATION"), WHO SHALL BE SENTENCED IN
ACCORDANCE WITH SUBDIVISION SEVEN OF SECTION 70.00 OF THIS ARTICLE.
  (b) "Second felony drug offender" means a second  felony  offender  as
that  term  is defined in subdivision one of section 70.06 of this arti-
cle, who stands convicted of and is to be  sentenced  for  any  class  A
felony  as  defined  in  article  two  hundred  twenty  of this chapter;
PROVIDED HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE SUCH A SECOND  FELONY
OFFENDER  WHO  STANDS  CONVICTED OF AND IS TO BE SENTENCED FOR THE CLASS
A-I FELONY OFFENSE SPECIFIED IN SECTION 220.68 OF THIS  CHAPTER  ("TRAF-
FICKING  THROUGH  A  CONTROLLED  SUBSTANCE  ORGANIZATION"), WHO SHALL BE
SENTENCED IN ACCORDANCE WITH SUBDIVISION SEVEN OF SECTION 70.00 OF  THIS
ARTICLE.
  S  43. Subdivision 1 of section 110.05 of the penal law, as amended by
chapter 93 of the laws of 2006, is amended to read as follows:
  1. Class A-I felony when the crime attempted  is  the  A-I  felony  of
murder  in the first degree, aggravated murder as defined in subdivision
one of  section  125.26  of  this  chapter,  criminal  possession  of  a
controlled  substance in the first degree, criminal sale of a controlled
substance  in  the  first  degree,  TRAFFICKING  THROUGH  A   CONTROLLED
SUBSTANCE  ORGANIZATION, criminal possession of a chemical or biological
weapon in the first degree or criminal use of a chemical  or  biological
weapon in the first degree;
  S 44. Section 220.18 of the penal law, as amended by chapter 75 of the
laws  of  1995,  the  opening  paragraph and subdivision 1 as amended by
chapter 738 of the laws of 2004, is amended to read as follows:
S 220.18 Criminal possession of a controlled  substance  in  the  second
           degree.
  A person is guilty of criminal possession of a controlled substance in
the second degree when he or she knowingly and unlawfully possesses:
  1.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing a narcotic drug and said preparations, compounds, mixtures or
substances are of an aggregate weight of four ounces or more; or
  2.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing  methamphetamine,  its salts, isomers or salts of isomers and
said preparations, compounds, mixtures or substances are of an aggregate
weight of [two] FOUR ounces or more; or
  3.  a stimulant and said stimulant weighs [ten] TWENTY grams or  more;
or
  4.    lysergic  acid  diethylamide and said lysergic acid diethylamide
weighs [twenty-five] FIFTY milligrams or more; or
  5.  a hallucinogen and said hallucinogen weighs [six  hundred  twenty-
five] ONE THOUSAND TWO HUNDRED FIFTY milligrams or more; or
  6.    a  hallucinogenic  substance  and  said hallucinogenic substance
weighs [twenty-five] FIFTY grams or more; or
  7.  methadone and said methadone weighs [two  thousand  eight  hundred
eighty] FIVE THOUSAND SEVEN HUNDRED SIXTY milligrams or more.
  Criminal  possession of a controlled substance in the second degree is
a class A-II felony.
  S 45. Section 220.21 of the penal law, as amended by chapter 75 of the
laws of 1995, the opening paragraph and  subdivision  1  as  amended  by
chapter 738 of the laws of 2004, is amended to read as follows:

A. 6085                            24

S 220.21 Criminal  possession  of  a  controlled  substance in the first
           degree.
  A person is guilty of criminal possession of a controlled substance in
the first degree when he or she knowingly and unlawfully possesses:
  1.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing a narcotic drug and said preparations, compounds, mixtures or
substances are of an aggregate weight of eight ounces or more; or
  2.  methadone and said methadone weighs [five thousand  seven  hundred
sixty] ELEVEN THOUSAND FIVE HUNDRED TWENTY milligrams or more.
  Criminal possession of a controlled substance in the first degree is a
class A-I felony.
  S  46.  Section  220.25 of the penal law, as amended by chapter 276 of
the laws of 1973, subdivision 1 as amended by chapter 278 of the laws of
1973 and subdivision 2 as amended by chapter 341 of the laws of 1985, is
amended to read as follows:
S 220.25 Criminal possession of a controlled substance; presumption.
  1. The presence of a controlled substance in an automobile, other than
a public omnibus, [is presumptive evidence] CREATES A PERMISSIBLE INFER-
ENCE of knowing possession thereof by each and every person in the auto-
mobile at the time such controlled substance was found; except that such
[presumption] PERMISSIBLE  INFERENCE  does  not  apply  (a)  to  a  duly
licensed  operator  of an automobile who is at the time operating it for
hire in the lawful and proper pursuit of his trade, or (b) to any person
in the automobile  if  one  of  them,  having  obtained  the  controlled
substance  and  not  being under duress, is authorized to possess it and
such controlled substance is in the same container as when  he  received
possession  thereof,  or  (c) when the controlled substance is concealed
upon the person of one of the occupants,  OR  (D)  WHEN  THE  CONTROLLED
SUBSTANCE  IS  CONCEALED  BEYOND  THE  IMMEDIATE  GRABBABLE  AREA OF THE
DEFENDANT AND THE DEFENDANT IS NOT THE OWNER OR OPERATOR OF THE VEHICLE.
  2. The presence of a narcotic drug, narcotic preparation, marihuana or
phencyclidine in open view in a room, other than a public  place,  under
circumstances evincing an intent to unlawfully mix, compound, package or
otherwise  prepare  for  sale  such controlled substance [is presumptive
evidence] CREATES A PERMISSIBLE INFERENCE of knowing possession  thereof
by each and every person in close proximity to such controlled substance
at  the  time  such  controlled  substance  was  found; except that such
[presumption] PERMISSIBLE INFERENCE does not apply to any  such  persons
if  (a)  one  of them, having obtained such controlled substance and not
being under duress, is authorized to  possess  it  and  such  controlled
substance is in the same container as when he received possession there-
of, or (b) one of them has such controlled substance upon his person.
  S  47. Section 220.41 of the penal law, as added by chapter 276 of the
laws of 1973 and subdivisions 1, 2, 3, 4, 5, 6 and 7 as amended by chap-
ter 75 of the laws of 1995, is amended to read as follows:
S 220.41 Criminal sale of a controlled substance in the second degree.
  A person is guilty of criminal sale of a controlled substance  in  the
second degree when he OR SHE knowingly and unlawfully sells:
  1.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing a narcotic drug and the preparations, compounds, mixtures  or
substances  are  of an aggregate weight of [one-half] ONE ounce or more;
or
  2.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing  methamphetamine,  its salts, isomers or salts of isomers and
the preparations, compounds, mixtures or substances are of an  aggregate
weight of [one-half] ONE ounce or more; or

A. 6085                            25

  3.  a stimulant and the stimulant weighs [five] TEN grams or more; or
  4.    lysergic  acid  diethylamide  and the lysergic acid diethylamide
weighs [five] TEN milligrams or more; or
  5.   a hallucinogen and the  hallucinogen  weighs  [one]  TWO  hundred
[twenty-five] FIFTY milligrams or more; or
  6.  a hallucinogenic substance and the hallucinogenic substance weighs
[five] TEN grams or more; or
  7.    methadone and the methadone weighs [three] SEVEN hundred [sixty]
TWENTY milligrams or more.
  Criminal sale of a controlled substance in  the  second  degree  is  a
class A-II felony.
  S  48.  Section  220.43 of the penal law, as amended by chapter 785 of
the laws of 1975 and subdivisions 1 and 2 as amended by  chapter  75  of
the laws of 1995, is amended to read as follows:
S 220.43 Criminal sale of a controlled substance in the first degree.
  A  person  is guilty of criminal sale of a controlled substance in the
first degree when he OR SHE knowingly and unlawfully sells:
  1.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing  a narcotic drug and the preparations, compounds, mixtures or
substances are of an aggregate weight of [two] FOUR ounces or more; or
  2.  methadone and the methadone weighs  [two  thousand  eight  hundred
eighty] FIVE THOUSAND SEVEN HUNDRED SIXTY milligrams or more.
  Criminal sale of a controlled substance in the first degree is a class
A-I felony.
  S  49. The penal law is amended by adding a new section 220.48 to read
as follows:
S 220.48 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD.
  A PERSON IS GUILTY OF CRIMINAL SALE OF A  CONTROLLED  SUBSTANCE  TO  A
CHILD  WHEN,  BEING  OVER  TWENTY-ONE YEARS OLD, HE OR SHE KNOWINGLY AND
UNLAWFULLY SELLS TO A PERSON LESS THAN SIXTEEN YEARS OF AGE A CONTROLLED
SUBSTANCE IN VIOLATION OF ANY ONE OF SUBDIVISIONS ONE THROUGH  SIX-A  OR
SUBDIVISION NINE OF SECTION 220.34 OF THIS ARTICLE.
  CRIMINAL  SALE OF A CONTROLLED SUBSTANCE TO A CHILD IS A CLASS B FELO-
NY.
  S 50. The penal law is amended by adding a new section 220.68 to  read
as follows:
S 220.68 TRAFFICKING THROUGH A CONTROLLED SUBSTANCE ORGANIZATION.
  A  PERSON  IS  GUILTY  OF  TRAFFICKING  THROUGH A CONTROLLED SUBSTANCE
ORGANIZATION WHEN HE OR SHE ENGAGES IN THREE OR MORE CLASS B  OR  HIGHER
CONTROLLED  SUBSTANCE  SALE  OFFENSES  DEFINED  IN  THIS ARTICLE, IN THE
MANNER SPECIFIED IN PARAGRAPHS  (B)  AND  (C)  OF  SUBDIVISION  FOUR  OF
SECTION  460.10 OF THIS CHAPTER, IN EACH OF WHICH HE OR SHE (A) DIRECTED
THE ACTIVITIES OF SUCH  ORGANIZATION  AND  SUPERVISED  MORE  THAN  THREE
ACCOMPLICES  ENGAGED  IN SUCH CONDUCT; AND (B) DERIVED PROFITS EXCEEDING
FIFTY THOUSAND DOLLARS.
  TRAFFICKING THROUGH A CONTROLLED SUBSTANCE ORGANIZATION IS A CLASS A-I
FELONY.
  S 51. The penal law is amended by adding a new section 265.18 to  read
as follows:
S 265.18 CRIMINAL  POSSESSION OF A WEAPON WHILE SELLING OR ATTEMPTING TO
           SELL A CONTROLLED SUBSTANCE.
  A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON WHILE SELLING OR
ATTEMPTING TO SELL A CONTROLLED SUBSTANCE  WHEN  HE  OR  SHE  PHYSICALLY
POSSESSES  A  LOADED FIREARM, A MACHINE GUN OR A DISGUISED GUN, WITH THE
INTENT TO USE THE SAME  UNLAWFULLY  AGAINST  ANOTHER  WHILE  SELLING  OR

A. 6085                            26

ATTEMPTING  TO  SELL  A CONTROLLED SUBSTANCE IN VIOLATION OF ARTICLE TWO
HUNDRED TWENTY OF THIS CHAPTER.
  CRIMINAL  POSSESSION OF A WEAPON WHILE SELLING OR ATTEMPTING TO SELL A
CONTROLLED SUBSTANCE IS A CLASS C FELONY.
  S 52. The opening paragraph of subdivision a of section 265.20 of  the
penal  law, as amended by chapter 496 of the laws of 1991, is amended to
read as follows:
  Sections 265.01,  265.02,  265.03,  265.04,  265.05,  265.10,  265.11,
265.12, 265.13, 265.15, 265.18 and 270.05 shall not apply to:
  S  53.  Paragraph  (a) of subdivision 1 of section 460.10 of the penal
law, as separately amended by chapters 312 and 472 of the laws of  2008,
is amended to read as follows:
  (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 125.10 to 125.27  relat-
ing  to  homicide;  sections 130.25, 130.30 and 130.35 relating to rape;
sections 135.20 and 135.25 relating to kidnapping; section 135.35 relat-
ing to labor trafficking; section 135.65 relating to coercion;  sections
140.20,  140.25 and 140.30 relating to burglary; sections 145.05, 145.10
and 145.12 relating to criminal  mischief;  article  one  hundred  fifty
relating  to  arson; sections 155.30, 155.35, 155.40 and 155.42 relating
to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to
health care fraud;  article  one  hundred  sixty  relating  to  robbery;
sections   165.45,  165.50,  165.52  and  165.54  relating  to  criminal
possession of stolen property; sections 165.72 and  165.73  relating  to
trademark  counterfeiting;  sections  170.10,  170.15,  170.25,  170.30,
170.40, 170.65 and 170.70 relating to forgery; sections 175.10,  175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20,  176.25  and 176.30 relating to insurance fraud; sections 178.20
and 178.25 relating to criminal diversion  of  prescription  medications
and  prescriptions;  sections  180.03,  180.08,  180.15, 180.25, 180.40,
180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,  200.22,
200.25,  200.27, 215.00, 215.05 and 215.19 relating to bribery; sections
187.10, 187.15, 187.20  and  187.25  relating  to  residential  mortgage
fraud,  sections  190.40  and 190.42 relating to criminal usury; section
190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
ing to perjury and contempt; section 215.40 relating to  tampering  with
physical  evidence;  sections  220.06,  220.09,  220.16, 220.18, 220.21,
220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55 [and], 220.60 AND
220.68 relating to controlled substances;  sections  225.10  and  225.20
relating  to  gambling;  sections 230.25, 230.30, and 230.32 relating to
promoting prostitution; section  230.34  relating  to  sex  trafficking;
sections  235.06,  235.07,  235.21  and  235.22  relating  to obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13, 265.18
and the provisions of section 265.10 which constitute a felony  relating
to  firearms and other dangerous weapons; and sections 265.14 and 265.16
relating to criminal sale of a  firearm;  and  section  275.10,  275.20,
275.30,  or  275.40  relating  to  unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  S 54. Paragraph (a) of subdivision 7 of section 480.00  of  the  penal
law,  as added by chapter 655 of the laws of 1990, is amended to read as
follows:
  (a) a conviction of a  person  for  a  violation  of  section  220.18,
220.21,  220.41, [or] 220.43, 220.68 OR 265.18 of this chapter, or where
the  accusatory  instrument  charges  one  or  more  of  such  offenses,

A. 6085                            27

conviction  upon  a plea of guilty to any of the felonies for which such
plea is otherwise authorized by law or a  conviction  of  a  person  for
conspiracy to commit a violation of section 220.18, 220.21, 220.41, [or]
220.43,  220.68  OR  265.18  of  [the penal law] THIS CHAPTER, where the
controlled substances which are the object of the conspiracy are located
in the real property which is the subject of the forfeiture action; or
  S 55. Paragraphs (a) and (c) of subdivision 4-b of section 1310 of the
civil practice law and rules, as added by chapter 655  of  the  laws  of
1990, are amended to read as follows:
  (a)  a  conviction  of  a  person  for  a violation of section 220.18,
220.21, 220.41, [or] 220.43, OR 220.68 of the penal law,  or  where  the
accusatory  instrument  charges one or more of such offenses, conviction
upon a plea of guilty to any of the felonies  for  which  such  plea  is
otherwise  authorized  by law or a conviction of a person for conspiracy
to commit a violation of section 220.18, 220.21, 220.41, [or] 220.43  OR
220.68  of  the penal law, where the controlled substances which are the
object of the conspiracy are located in the real property which  is  the
subject of the forfeiture action; or
  (c)  a  conviction  of  a  person  for  a violation of section 220.09,
220.16, 220.34 [or], 220.39 OR 265.18 of the penal law, or a  conviction
of  a  criminal defendant for a violation of section 221.30 of the penal
law, or  where  the  accusatory  instrument  charges  any  such  felony,
conviction  upon  a  plea  of  guilty  to a felony for which the plea is
otherwise authorized by law, together with evidence which: (i)  provides
substantial  indicia that the defendant used the real property to engage
in a continual, ongoing course of conduct involving the unlawful mixing,
compounding, manufacturing,  warehousing,  or  packaging  of  controlled
substances  or where the conviction is for a violation of section 221.30
of the penal law, marijuana, as part of an illegal trade or business for
gain; and (ii) establishes, where the conviction is for possession of  a
controlled  substance  or  where  the  conviction  is for a violation of
section 221.30 of the penal law, marijuana,  that  such  possession  was
with the intent to sell it.
  S  56.  Section  8 of the state finance law is amended by adding a new
subdivision 21 to read as follows:
  21. COMMENCING WITH THE ENACTMENT OF THE CHAPTER OF THE  LAWS  OF  TWO
THOUSAND  NINE  WHICH  ADDED  THIS SUBDIVISION, THE COMPTROLLER MAY: (A)
EXAMINE, AUDIT AND, PRIOR TO MARCH FIFTEENTH OF EACH  YEAR,  CERTIFY  TO
THE  GOVERNOR,  THE  CHAIRPERSON OF THE SENATE FINANCE COMMITTEE AND THE
CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE THE  ACTUAL  ANNUAL
SAVINGS  BY  THE  DEPARTMENT  OF  CORRECTIONAL  SERVICES IN THE PREVIOUS
CALENDAR YEAR WHICH IS ATTRIBUTABLE TO  THE  IMPLEMENTATION  OF  CHAPTER
SEVEN HUNDRED THIRTY-EIGHT OF THE LAWS OF TWO THOUSAND FOUR, CHAPTER SIX
HUNDRED FORTY-THREE OF THE LAWS TWO THOUSAND FIVE AND THE CHAPTER OF THE
LAWS  OF  TWO  THOUSAND NINE WHICH ADDED THIS SUBDIVISION.  SUCH CERTIF-
ICATION SHALL BE BASED ON THE DECREASE IN THE NUMBER  OF  INMATE  ADMIS-
SIONS AND THE REDUCTION IN INMATE LENGTH OF STAY FOR OFFENSES DEFINED IN
ARTICLES TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-ONE OF THE PENAL LAW,
AS  WELL AS AN ESTIMATE OF THE EXTENT, IF ANY, BY WHICH ANY REDUCTION IN
THE CRIME RATE DURING SUCH CALENDAR YEAR AND ANY CORRESPONDING REDUCTION
IN THE NUMBER OF INMATE ADMISSIONS OR LENGTH OF STAY DURING SUCH  PERIOD
WAS  ATTRIBUTABLE TO THE PROVISION OF INCREASED DRUG TREATMENT, OFFENDER
SUPERVISION AND  RELATED  INITIATIVES,  ENACTED  BY  SUCH  CHAPTER;  (B)
AUTHORIZE AND DIRECT THE TRANSFER OF FUNDS EQUAL TO SEVENTY-FIVE PERCENT
OF  THE AMOUNT OF SAVINGS CERTIFIED UNDER PARAGRAPH (A) OF THIS SUBDIVI-
SION FROM THE GENERAL FUND TO THE CRIME  REDUCTION  FUND  AUTHORIZED  BY

A. 6085                            28

SECTION NINETY-SEVEN-J OF THIS CHAPTER; AND (C) AUTHORIZE AND DIRECT THE
TRANSFER  OF FUNDS EQUAL TO TWENTY-FIVE PERCENT OF THE AMOUNT OF SAVINGS
CERTIFIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION FROM THE GENERAL
FUND  TO  THE  SCHOOL  DRUG  ABUSE PREVENTION FUND AUTHORIZED BY SECTION
NINETY-SEVEN-K OF THIS CHAPTER.
  S 57.  The state finance law is amended by  adding  two  new  sections
97-j and 97-k to read as follows:
  S  97-J.  CRIME  REDUCTION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
CUSTODY OF THE STATE COMPTROLLER A SPECIAL  FUND  TO  BE  KNOWN  AS  THE
"CRIME REDUCTION FUND".
  2.  SUCH  FUND  SHALL  CONSIST  OF ALL MONEYS TRANSFERRED BY THE STATE
COMPTROLLER TO SUCH FUND FROM THE GENERAL FUND PURSUANT TO PARAGRAPH (B)
OF SUBDIVISION TWENTY-ONE OF SECTION EIGHT OF THIS CHAPTER.
  3. MONEYS IN THE CRIME REDUCTION FUND SHALL BE AVAILABLE  PURSUANT  TO
APPROPRIATION  BY  THE  LEGISLATURE  TO  THE  OFFICE  OF  ALCOHOLISM AND
SUBSTANCE  ABUSE  SERVICES  FOR  PAYMENT  TO   LOCAL   GOVERNMENTS   AND
NOT-FOR-PROFIT  CORPORATIONS, THE DIVISION OF PROBATION AND CORRECTIONAL
ALTERNATIVES FOR PAYMENT TO LOCAL PROBATION DEPARTMENTS AND NOT-FOR-PRO-
FIT CORPORATIONS, THE DIVISION OF PAROLE, THE OFFICE OF  COURT  ADMINIS-
TRATION,  THE  OFFICE OF CHILDREN AND FAMILY SERVICES AND THE DEPARTMENT
OF CORRECTIONAL SERVICES. MONEYS FROM THE FUND  SHALL  BE  EXPENDED  FOR
ALCOHOL  AND  SUBSTANCE  ABUSE TREATMENT INCLUDING TREATMENT FOR PERSONS
WHO HAVE A SUBSTANCE ABUSE DEPENDENCY BUT HAVE NOT HAD CONTACT WITH  THE
CRIMINAL JUSTICE SYSTEM WITH RESPECT TO SUCH DEPENDENCY, OFFENDER SUPER-
VISION AND RELATED SERVICES WHICH OPERATE PURSUANT TO THE CHAPTER OF THE
LAWS WHICH ADDED THIS SUBDIVISION. IN EACH YEAR, AT LEAST TWENTY PERCENT
OF  THE  FUNDS  IN THE CRIME REDUCTION FUND ESTABLISHED PURSUANT TO THIS
SECTION SHALL BE  APPROPRIATED  TO  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES OF WHICH AMOUNT HALF SHALL BE APPORTIONED TO DISTRICT ATTORNEYS
AND  HALF  SHALL BE APPORTIONED TO LEGAL AID SOCIETIES, PUBLIC DEFENDERS
AND OTHER PUBLIC DEFENSE ENTITIES. ALL SUCH FUNDING  SHALL  BE  USED  TO
FINANCE  SERVICES AND EXPENSES RELATED TO DRUG TREATMENT ALTERNATIVES TO
PRISON PROGRAMS, DRUG COURT PROGRAMS AND OTHER ALTERNATIVE TO INCARCERA-
TION PROGRAMS.  ALL PROGRAMS FUNDED PURSUANT TO THIS  SECTION  SHALL  BE
DESIGNED  TO  THE  MAXIMUM EXTENT POSSIBLE TO REDUCE OFFENDER RECIDIVISM
AND CRIME.  NOTWITHSTANDING THE FOREGOING, IN ANY STATE FISCAL YEAR, THE
LEGISLATURE MAY PROVIDE THAT UP TO FIVE PERCENT OF THE TOTAL  AMOUNT  OF
MONEYS TRANSFERRED TO THE CRIME REDUCTION FUND PURSUANT TO PARAGRAPH (B)
OF  SUBDIVISION TWENTY-ONE OF SECTION EIGHT OF THIS CHAPTER BE APPROPRI-
ATED TO THE CRIME VICTIMS BOARD TO BE USED FOR CRIME VICTIM SERVICES.
  4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER  ON  VOUCHERS APPROVED AND CERTIFIED BY THE DIRECTOR OF
THE BUDGET.
  5. MONEYS IN THE CRIME REDUCTION FUND SHALL BE USED TO SUPPLEMENT, NOT
SUPPLANT, OTHER FUNDING SOURCES.
  S 97-K. SCHOOL DRUG ABUSE PREVENTION FUND. 1. THERE IS  HEREBY  ESTAB-
LISHED  IN  THE  CUSTODY  OF  THE STATE COMPTROLLER A SPECIAL FUND TO BE
KNOWN AS THE "SCHOOL DRUG ABUSE PREVENTION FUND".
  2. SUCH FUND SHALL CONSIST OF ALL  MONEYS  TRANSFERRED  BY  THE  STATE
COMPTROLLER TO SUCH FUND FROM THE GENERAL FUND PURSUANT TO PARAGRAPH (C)
OF SUBDIVISION TWENTY-ONE OF SECTION EIGHT OF THIS CHAPTER.
  3.  MONEYS IN THE SCHOOL DRUG ABUSE PREVENTION FUND SHALL BE AVAILABLE
PURSUANT TO APPROPRIATION BY THE  LEGISLATURE  TO  THE  STATE  EDUCATION
DEPARTMENT  FOR  DRUG PREVENTION AND TREATMENT PROGRAMS SERVING STUDENTS
IN PRE-KINDERGARTEN THROUGH GRADE TWELVE INCLUDING, BUT NOT LIMITED  TO,
DRUG  PREVENTION  AND  EDUCATION  PROGRAMS,  SCHOOL-BASED COUNSELING AND

A. 6085                            29

TREATMENT FOR STUDENTS IDENTIFIED AS ABUSING DRUGS OR ALCOHOL, MENTORING
PROGRAMS, LIFE-SKILLS PROGRAMS WHICH INCLUDE DRUG RESISTANCE SKILLS  AND
PROGRAMS  DESIGNED  TO  EDUCATE AND HELP PARENTS REDUCE THEIR CHILDREN'S
RISK  OF ABUSING DRUGS AND ALCOHOL, INCLUDING PROGRAMS OFFERING PRAGMAT-
IC, SAFETY-FOCUSED INITIATIVES, OUTREACH  AND  SUPPORT.  NOTWITHSTANDING
THE  FOREGOING,  IN  ANY  STATE FISCAL YEAR, THE LEGISLATURE MAY PROVIDE
THAT UP TO FIVE PERCENT OF THE TOTAL AMOUNT OF MONEYS TRANSFERRED TO THE
SCHOOL DRUG ABUSE PREVENTION FUND PURSUANT TO PARAGRAPH (B) OF  SUBDIVI-
SION  TWENTY-ONE OF SECTION EIGHT OF THIS CHAPTER BE APPROPRIATED TO THE
CRIME VICTIMS BOARD TO BE USED FOR CRIME VICTIM SERVICES.
  4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF THE STATE EDUCATION DEPARTMENT.
  5. MONEYS IN THE SCHOOL DRUG ABUSE PREVENTION FUND SHALL  BE  USED  TO
SUPPLEMENT, NOT SUPPLANT, OTHER FUNDING SOURCES.
  S  58.  This  act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that:
  (a) the amendments to section 410.91 of  the  criminal  procedure  law
made by section eighteen of this act shall not affect the repeal of such
section and shall be deemed repealed therewith;
  (b)  effective  immediately,  the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of the foregoing
sections of this act on their effective date is authorized and  directed
to  be  made  and completed within 120 days after the date on which this
act becomes a law;
  (c) the amendments to subdivision 18 of section 2  of  the  correction
law,  made by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to subdivision (q) of section
427 of chapter 55 of the laws of 1992, as amended, and  subdivision  (c)
of  section  46 of chapter 60 of the laws of 1994, as amended, when upon
such date the provisions of section three of this act shall take effect;
  (d) the amendments to section  851  of  the  correction  law  made  by
section  six of this act shall not affect the expiration of such section
and shall be deemed repealed therewith;
  (e) with respect to subparagraph (ii) of paragraph (b-1)  of  subdivi-
sion  2  of section 259-i of the executive law as added by section twen-
ty-five of this act, the division of parole, in  consultation  with  the
office  of  alcoholism and substance abuse services, shall, on or before
such effective date, promulgate a plan to implement  the  provisions  of
such  subparagraph  (ii). Such plan shall provide for the enrollment and
participation of one-third of the persons described in such subparagraph
in such appropriate substance abuse treatment  program  services  within
one  year  of  the  promulgation of the plan, an additional one-third of
such persons within 2 years of the promulgation  of  the  plan  and  the
final  one-third  of  such persons within 3 years of the promulgation of
the plan. A copy of  such  plan,  and  any  updates  thereto,  shall  be
provided  to the chairs of the assembly committee on correction, commit-
tee on codes, committee on health and committee on alcoholism  and  drug
abuse, as well as the chairs of the senate committee on codes, committee
on health, committee on crime victims, crime and correction, and commit-
tee on alcoholism and drug abuse;
  (f)  with respect to subdivision 4-c of section 65.10 of the penal law
as added by section thirty-four of this act, the department of probation
and correctional alternatives, in consultation with the office of  alco-
holism  and substance abuse services, shall, on or before such effective
date, promulgate a plan that will  assure  full  implementation  of  the

A. 6085                            30

provisions  of  such  subdivision  4-c.  Such plan shall provide for the
enrollment and participation of one-third of the  persons  described  in
such  subdivision  in such appropriate substance abuse treatment program
services  within one year of the promulgation of the plan, an additional
one-third of such persons within 2 years of the promulgation of the plan
and the final one-third of such persons within 3 years of the  promulga-
tion of the plan. A copy of such plan, and any updates thereto, shall be
provided  to the chairs of the assembly committee on correction, commit-
tee on codes, committee on health, and committee on alcoholism and  drug
abuse, as well as the chairs of the senate committee on codes, committee
on health, committee on crime victims, crime and correction, and commit-
tee on alcoholism and drug abuse;
  (g)  subdivision  4 of section 440.46 of the criminal procedure law as
added by section nineteen of this act shall take effect immediately;
  (h) section fifty-six of this act shall take effect April 1, 2009; and
  (i) the provisions of sections twenty-one,  twenty-two,  twenty-three,
and  twenty-four  of this act shall apply to convictions entered before,
on or after such date.