NY State Senate Bill 2009-S2855

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

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to crime victims, crime and correction
Mar 04, 2009	referred to crime victims, crime and correction

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2009-S2855 (ACTIVE) - Details

See Assembly Version of this Bill:: A6085
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§2, 71, 851, 865 & 867, add §149-a, Cor L; amd §§1.20, 170.15, 170.40, 180.20, 210.40, 220.30, 410.91, 700.05, 160.60 & 450.10, rpld §410.91 sub 4, add §§255.30, 440.46 & 160.65, CP L; amd §§296 & 259-i, add §837-s, Exec L; amd §§211 & 212, Judy L; amd Pen L, generally; amd §1310, CPLR; amd §8, add §§97-j & 97-k, St Fin L

2009-S2855 (ACTIVE) - Summary

Relates to drug law reform, drug treatment and crime reduction; relates further to sentencing proceedings; sentences of parole supervision; combined law enforcement and community strategy to eliminate street-level drug crime

2009-S2855 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2855

 TITLE OF BILL :  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


 PURPOSE :
To significantly reduce drug-related crime by addressing substance
abuse that often lies at the core of criminal behavior. The bill would
accomplish this goal by returning discretion to judges to tailor the
penalties of the penal law to the facts and circumstances of each drug
offense and authorizing the court to sentence certain non-violent drug
offenders to probation and drug treatment rather than mandatory prison

where appropriate. The bill will also strengthen in-prison drug
treatment and reentry services.

 SUMMARY OF PROVISIONS :
Drug Courts, Pre-trial Proceedings and Sentencing

The bill requires the designation of at least one drug court, with a
specially-trained judge, in every county of the state. Amendments to
the Criminal Procedure Law facilitate the transfer of certain criminal
cases to these courts. (Sections 12, 14, 27, 28)

In response to a request from the prosecution or defense, the court
may order that a defendant charged with a drug crime (Penal Law
Article 220 or 221) submit to an alcohol or substance abuse
assessment. The assessment would be conducted by a licensed
professional experienced in the treatment of alcohol and substance
abuse, or by a credentialed addiction and substance abuse counselor.
(Section 17)

The bill amends the Criminal Procedure Law concerning two evidentiary
presumptions in controlled substance cases. Existing law (CPL §
220.25) provides that, in certain circumstances, drugs found in a car
or room are presumed to be unlawfully possessed by every person in
such automobile or room. The bill changes this presumption to a
"permissible inference." The burden to prove knowing possession would
thus rest with the prosecution, but the jury would be able to infer
that the defendant knowingly possessed the controlled substance based
on his or her presence in the car or close proximity in the room.
(Section 46)

With regard to sentencing, the bill returns to judges much of the
sentencing discretion they had before the enactment of the so-called
Rockefeller Drug Laws, specifically: the discretion to sentence
certain non-violent defendants charged with first and second class B,
C, D or E felony controlled substance offenses to a local jail,
probation, or a "split" sentence (a sentence to local jail followed by
a period of probation supervision). Where probation is authorized,
violation of a term of probation supervision would result in the
imposition of sanctions that, for serious violations, could include a

state prison term up to the maximum statutory sentence. (Sections
29,31,32,34)

A conviction for certain specified offenses would disqualify the
defendant from eligibility for this alternative term of probation, a
jail term, or a split sentence. Conviction of the new crime involving
sale of a controlled substance to a minor would not qualify for
alternative sentencing.  A second felony drug offender could not
receive an alternative sentence if he or she has a predicate felony
conviction for a violent felony offense, for sale of a specified
controlled substance to a minor, for the crime of possession of a
weapon while selling or attempting to sell a controlled substance, or
for anyone of a number of other specified crimes would disqualify the
defendant from the opportunity to receive such an alternative
(non-prison) sentence.  (Sections 29,31)

The available maximum sentences for controlled substance crimes (e.g.,
PL 70.70, subds; 2a, 3b are unchanged by this bill. The legislation
simply restores to judges the sentencing discretion judges formerly
had: to impose a local jail sentence, probation or a split sentence on
certain, specified class E, D, C or B drug offenders. Thus, for
example, any defendant convicted for a first-time class B felony drug
sale or possession crime could still be sentenced to up to 9 years in
prison; any second time class B offender could be sentenced to up 12
years in prison; and any second time class B offender with a predicate
violent felony conviction could be sentenced to up to 15 years in
prison.  The bill also does not change the court's existing authority
to impose consecutive sentences. (Sections 29, 31)

In cases involving certain defendants charged with class B, C, D or E
felony controlled substance offenses, the bill gives courts discretion
to sentence the defendant to the existing in-prison "Shock
Incarceration Program" operated by the Department of Correctional
Services. The defendant would serve six months in this military-style
boot camp prison. He or she would receive intensive, in-prison drug
abuse treatment and then be mandated to participate in additional drug
abuse treatment following release. (Sections 7,8,9,10,30)

The bill also gives courts the option to sentence certain persons
convicted of specified class D, class C and class B non-violent
offenses to the Department of Correctional Services Willard drug
treatment program. This sentence would include at least 90 days
imprisonment at the Department of Correctional Services Willard prison
facility (located near Seneca, New York), followed by supervision by
the Division of Parole and at least one year of post-release drug
abuse treatment.  (Section 18)

CASAT (Comprehensive Alcohol and Substance Abuse Treatment) is an
in-prison drug and alcohol treatment program operated by the New York
State Department of Correctional Services.  DOCS may currently enroll
an inmate in CASAT when the inmate is within two and a half years of
parole-eligibility or his or her determinate sentencing release date.
The bill would allow DOCS to enroll eligible inmates in CASAT who are
within three and a half years of their scheduled release date. The
bill also requires that alcohol and substance abuse counselors working
in the state's prisons be trained and certified by the state Office of
Alcoholism and Substance Abuse Services. (Sections 1-3)

The bill provides that the Department of Correctional Services shall
develop transitional services at all appropriate department
facilities, with the goal of facilitating the reentry of released
prisoners and thereby reducing recidivism and crime. It requires the
Department to assist prisoners unable to afford private insurance in
efforts to continue receiving prescribed medications and, where
necessary, enrolling in the Medicaid assistance program. (Section 5).

Unless determined to be inappropriate in an individual case, all
persons on parole, probation, in prison, or on post-release
supervision who have a documented history of substance abuse would be
required to participate in least one year of substance abuse
treatment. (Sections 25,33,34)

The bill authorizes judges to approve and/or recognize a defendant's
participation in a pre-judgment diversion program. A "diversion
program" is defined as an alcohol or substance abuse 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. Under current law, this same
definition is used to define the type of post-sentence program a judge
may order as a condition of probation. See CPL § 65.10(2)(e).
Amendments to CPL §§ 170.40 and 210.40 emphasize and encourage the
courts to consider using authority they already have: to dismiss a
drug charge in the interest of justice when the defendant has
successfully completed a diversion program. See generally People v;
Jenkins, II N.Y.3d 282 (2008). (Sections 11, 13, 15)

Bill section nineteen authorizes persons convicted of certain class B
controlled substance offenses to apply to the sentencing court for
conversion of a pre-2005 indeterminate (parole-eligible) sentence to a
new, fixed sentence consistent with the determinate sentencing grid
that was enacted in 2004 and took effect January 13, 2005.
Re-sentencing would not be considered for persons with certain
disqualifications, such as any conviction for a violent felony offense
or a felony sex offense. (Sections 19,23)

The bill enacts procedures authorizing a judge, on motion of the
defendant with notice to the district attorney, to conditionally seal
a first-time drug felony conviction and no more than three drug
misdemeanor drug convictions if the defendant has remained crime-free
for a specified period or has completed a court-ordered treatment
program. Existing statutory requirements specifically barring
individuals convicted of such crimes from certain types of employment
or licensure would not be disturbed. (Section 21,22,23,24)

New and Modified Crimes and Increased Sentences for Certain Offenses

Major drug traffickers are subject to strict penalties by the creation
of a new class A felony crime: "Trafficking Through a Controlled
Substance Organization." The penalty for conviction of this "kingpin"
crime is a mandatory indeterminate prison term of at least 15 years to
life, and up to 30 years to life. (Sections 35, 42,43, 50)

The bill creates the new class B felony crime of "Criminal Sale of a
Controlled Substance to a Child." This elevates penalties for the sale
by an adult over age twenty-one of certain controlled substances to a
person under sixteen years of age (whether on school grounds or not).
The determinate prison sentence applicable to a class B felony noted
above (up to 9, 12 or 15 years in prison) is mandatory for this crime.
(Section 51)

The bill creates the new class C felony crime of "Criminal Possession
of a Weapon While Selling or Attempting to Sell a Controlled
Substance." This crime punishes a person who physically possesses a
loaded firearm, machine gun or disguised gun while selling or
attempting to sell a controlled substance. The crime is a violent
felony offense subject to a mandatory, five-year minimum determinate
sentence; the maximum term is up to fifteen years in prison.
(Sections 36,37,51.)

One of the key features of New York's drug laws is that many of the
most serious crimes are graded based on the weight of the substance
possessed, transferred or sold. Knowledge of the weight involved is
irrelevant. The initial 2004 drug law reform act increased the weight
thresholds for certain of the most serious cocaine and heroin
possession (class A-I and A-II) crimes. This bill in similar fashion
increases the weight thresholds for the class A-I and A-II controlled
substance crimes that were not adjusted in the 2004 law.

For example, unlawful possession of six hundred and twenty-five
milligrams of a hallucinogen (PL § 220.18 5) is a class A-II felony,
punishable by a determinate sentence of up to 10, 14 or 17 years. The
bill raises the minimum weight threshold for this crime to one
thousand, two hundred fifty milligrams, but retains the current
maximum prison terms of 10, 14 or 17 years. The class A-I felony grade
of this crime, PL § 220.21 (2), is punishable by up to 20, 24 or 30
years in prison.

Even after these changes, the weight thresholds for class A-I or A-II
felony possession or sale and the associated mandatory determinate
sentences in New York would continue to be relatively low: all such
class A-I and A-II quantities would remain small enough to fit in a
person's pocket, handbag or purse. (Sections 44-45, 47-48)

The bill eliminates parole eligibility for persons convicted of the
class B felony of Conspiracy in the Second Degree (PL 105. I 5) where
the crime that was the object of the conspiracy was a controlled
substance offense. Upon conviction, the person could be sentenced to a
determinate term, as noted above, of up to 9, 12 or 15 years in state
prison. (Section 38)

Quantifying Cost Savings: Developing Resources to Reduce Recidivism

The bill authorizes the State Comptroller to certify, on an annual
basis, the monetary savings resulting from decreases in inmate
admissions and length of stay generated by the enactment of the 2004
reform law, by the limited 2005 class A-II re-sentencing law and by
this bill. These funds would then be designated to fund drug
treatment, criminal justice and school drug prevention programs as
specified in the bill. (Sections 56-57.)

The bill also sets forth and establishes a pilot "Combined Law
Enforcement and Community Strategy Targeting Street-level Drug Crime
Program." Designed to work in partnership with law enforcement and
local social services agencies, the bill directs the use of
intelligence gathering, community relations strategies and advanced
crime mapping techniques (many of which are already available and in
use in the state) to target criminal justice resources (including
prosecutorial resources) toward high drug crime areas. The program
will also promote alternatives to unlawful activity in an effort to
reduce recidivism and help assure public safety in these communities
(Section 26.)

 JUSTIFICATION :

New York has achieved great success in reducing the crime rate in
recent years, in part, by targeting heightened penalties on violent
felons. To achieve further dramatic success in reducing crime, our
state must make a concerted effort to eliminate the substance abuse
which lies at the core of most criminal behavior. Expanding the number
of nonviolent drug offenders that can be court ordered to drug abuse
treatment will help break the cycle of drug use and crime and make our
streets, homes and communities safer. This will make New York's
criminal justice policies not only tough -- but smart.

In 1993, the Assembly held hearings to mark the 20th Anniversary of
the Rockefeller Drug Laws and examine whether the mandatory
incarceration required by the laws had been effective at reducing drug
use and drug-related crime. The overwhelming sentiment among the
witnesses at the hearing was that the policy of incarceration and
punishment of non-violent drug users had failed and that major reforms
of the drug laws were urgently needed. Despite these calls for reform,
the laws continued unchanged for 11 more years until 2004 when modest
drug law reforms were enacted. However, the 2004 reforms did not
change the mandatory sentencing structure and did nothing to return
discretion to judges to allow for the diversion of non-violent drug
offenders to a period of probation as an alternative to incarceration.

The Assembly again held extensive public hearings in May, 2008, and
sought testimony from a broad range of witnesses to examine whether
the mandatory sentencing provisions of the Rockefeller Drug Laws have
been successful. Once again, the vast majority of witnesses presented
evidence demonstrating that the Rockefeller Drug Laws have failed to
deter drug use or drug-related crime in New York. Rather, the laws
have sent thousands of low-level drug offenders to state prison at
great fiscal cost to New York while offering little or no public
safety benefit. According to the Correctional Association, about 40%
of the drug offenders in New York State prisons, more than 5,300
people, are imprisoned for drug possession, as opposed to drug
selling. And, of all drug offenders sent to prison since 1999, 80%
have never been convicted of a violent felony.

Despite the harsh mandatory sentences required by the drug laws, the
overwhelming number of people sent to state prison continue to suffer
from unaddressed substance abuse issues. For example, according to the
2007 Identified Substance Abusers Report, produced by the Department
of Correctional Services, 83% of inmates in state prison had an
identified substance abuse need including 82% of male inmates and 88%
of female inmates. Similarly, at every stage of the criminal justice
system from attest, through trial, incarceration, and parole, 70 to 80
percent of the people involved have a history of alcohol or drug use
and the Office of Alcoholism and Substance Abuse Services reports that
1.8 million New Yorkers are currently dealing with substance abuse
problems. Additionally, according to the National Household Survey on
Drug Use conducted by the U.S. Department of Health, illicit drug use
among New Yorkers has not abated since the passage of the Rockefeller
Drug Laws in 1973.

Numerous comprehensive studies indicate that drug abuse treatment is
significantly more effective -- and cost effective -- than
incarceration, as a means of reducing crimes committed by drug users.
A 1997 Rand corporation study, for example, found that drug treatment
was 15 times more effective at reducing serious crimes committed
against people and property by drug offenders than mandatory minimum
sentences. The Honorable Jonathan Lippman, in testimony before the
Legislature's budget committees, indicated that graduates of drug
court diversion programs operated by the court system commit
two-thirds fewer crimes than drug offenders who are simply
incarcerated for a period of time. Similarly, the National Institute
on Drug Abuse estimates that for every dollar spent on treatment
programs, there is a $4 to $7 reduction in the cost of drug related
crimes. With some outpatient programs, total savings can exceed costs
by a ratio of 12 to 1. Further, a 2006 study by the Justice Policy
Institute (JPI) demonstrated that reliance on treatment was associated
with a decrease in crime. Specifically, the JPI report found that in
eight out of twelve jurisdictions that made greater use of treatment,
crime rates have fallen by 10% or more since 2 000 compared to just
two of the twelve that relied more heavily on incarceration.

In addition, the drug laws have had a disproportionately negative
impact on racial minorities, particularly African Americans and
Latinos. African Americans and Latinos have consistently represented
the overwhelming majority of people sent to prison under the drug
laws. Specifically, as of January 1, 2008, approximately 90% of drug
offenders in New York prisons were African-American or Latino -
African-Americans comprise 58.5% of drug offenders in state prison;
Latinos, 31.5% and whites, 8.9%. However, studies indicate that white
persons use and sell drugs at the same, or at an even higher rate,
than African American and Latino persons. A 2001 study by U.S.
Department of Health and Human Services looked at 1.8 million adults
in New York who reported using illegal drugs in the proceeding year.
Of these reported users of illicit drugs, 1.3 million or 72% were
white. Similarly, a 2004 federal report found that 8.1 percent of
white persons use illicit drugs compared to 7.2 percent of Hispanic
persons, and 8.7 percent of African American persons. Further, drug
use rates among youth ages 12 to 17 are higher for whites than for
African Americans and Latinos.

Further, research suggests that high incarceration rates in some urban
areas have destabilized neighborhoods and exacerbated the problems of
poverty, drug abuse, and the lack of fundamental supports for families
and children causing crime rates to rise.

In December, 2004, legislation was enacted (L. 2004, c. 738) that
changed, in part, the laws governing drug offender sentencing. New
York's drug sentencing scheme was changed from an indeterminate
sentencing system to a determinate sentencing system so that all drug
offenders would be sentenced to a fixed term, rather than a
parole-eligible sentencing range. The 2004 law generally lowered
available sentences for non-violent drug offenders but increased
sentencing ranges for drug offenders with a history of violent crimes.

In addition, the 2004 law allowed certain class A-I felony drug
offenders to apply for re-sentencing under the new, determinate
sentencing structure. The law also made it possible for certain
inmates sentenced for drug offenses to earn additional time reductions
by participating in drug abuse treatment and other prison programming,
and authorized judges to direct that drug offense-sentenced inmates
participate in prison based drug treatment programs. In August 2005,
legislation was enacted (L. 2005, c. 643) to allow certain eligible
class A-II felony drug offenders serving indeterminate sentences to
apply for re-sentencing to a determinate term of imprisonment.

While the 2004 law was an important step forward in moderating some of
the harshest sentences under the state's drug laws, it did not result
in dramatically reforming the state's Rockefeller drug laws.
Significantly, the 2004 law did not authorize judges to sentence
nonviolent drug offenders to probation as a potential alternative to a
mandatory state prison term; that vital reform, among others, would be
enacted by this bill.

Expanding the availability of drug abuse treatment programs would save
millions of taxpayer dollars, help many offenders turn their lives
around and reduce crime. This bill reforms New York's drug sentencing
laws by giving judges appropriate discretion to tailor the penalties
of the Penal Law to the facts and circumstances of each drug offense.
Long sentences would be retained for major drug traffickers, and,
indeed would still be available for all drug offenders. However,
judges would be given discretion to appropriately tailor a sentence to
fit the conduct and rehabilitative efforts of each offender.

Thirty-five years of a drug policy focused on punishing drug users and
spending billions of dollars on incarceration has failed to
significantly reduce the use of drugs or the commission of
drug-related crime. Instead, over the last three and a half decades,
large numbers of drug abusers have been imprisoned, families and
communities, particularly communities of color, have been harmed or
destroyed, and billions of dollars have been devoted to incarceration
while resources for prevention and treatment services have been
drained.

The dramatic and comprehensive reforms proposed by this legislation,
if fully enacted, would over time significantly reduce the number of
New Yorkers abusing and addicted to controlled substances and the
incidence of drug-related crimes.

 LEGISLATIVE HISTORY :
New Legislation.

 FISCAL IMPLICATIONS :
When fully implemented, it is estimated that reduced prison admissions
and drug related crime reductions which would result from this bill
would save the state tens of millions of dollars annually.

 EFFECTIVE DATE :
On the 60th day, with provisions.

2009-S2855 (ACTIVE) - Bill Text download pdf

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

                                  2855

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 4, 2009
                               ___________

Introduced  by  Sens. SCHNEIDERMAN, HASSELL-THOMPSON, MONTGOMERY, DUANE,
  ADAMS, BRESLIN, DIAZ, DILAN, HUNTLEY, KRUEGER, PARKER, PERKINS,  SAMP-
  SON,  SERRANO,  STAVISKY  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT to amend the 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
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

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

S. 2855                             2

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
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,

S. 2855                             3

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-
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

S. 2855                             4

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
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-

S. 2855                             5

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
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-

S. 2855                             6

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
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

S. 2855                             7

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
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

S. 2855                             8

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.
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. 2855                             9

  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
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

S. 2855                            10

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
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.

S. 2855                            11

  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
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

S. 2855                            12

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,
PROVIDED  THAT  SUCH  PERSON  HAS  COMPLETED A SUBSTANCE ABUSE TREATMENT
PROGRAM;
  (B) UPON COMPLETION OF A SENTENCE ON AN ELIGIBLE MISDEMEANOR;

S. 2855                            13

  (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.
  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-

S. 2855                            14

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
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

S. 2855                            15

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
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

S. 2855                            16

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.
  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

S. 2855                            17

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
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. 2855                            18

  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
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

S. 2855                            19

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;
  (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,

S. 2855                            20

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:
  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

S. 2855                            21

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.
  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

S. 2855                            22

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) "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.

S. 2855                            23

  (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:
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

S. 2855                            24

  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
  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

S. 2855                            25

  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
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:

S. 2855                            26

  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,
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. 2855                            27

  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
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. 2855                            28

  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
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

S. 2855                            29

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
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

S. 2855                            30

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.

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Senate Bill S2855

Sponsored By

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

co-Sponsors

2009-S2855 (ACTIVE) - Details

2009-S2855 (ACTIVE) - Summary

2009-S2855 (ACTIVE) - Sponsor Memo

2009-S2855 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2855

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Sponsored By

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

co-Sponsors

2009-S2855 (ACTIVE) - Details

2009-S2855 (ACTIVE) - Summary

2009-S2855 (ACTIVE) - Sponsor Memo

2009-S2855 (ACTIVE) - Bill Text download pdf

Comments