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

                                  1508

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced by Sens. MONTGOMERY, BRESLIN, DILAN, DUANE, HASSELL-THOMPSON,
  KRUEGER  --  read  twice  and  ordered printed, and when printed to be
  committed to the Committee on Crime Victims, Crime and Correction

AN ACT to amend the executive law, the criminal procedure  law  and  the
  penal  law,  in  relation  to  establishing  substance abuse treatment
  alternatives for certain offenders

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

  Section  1. The executive law is amended by adding a new section 249-a
to read as follows:
  S 249-A. SUBSTANCE ABUSE TREATMENT ALTERNATIVE  PROGRAMS  FOR  CERTAIN
OFFENDERS.  1. THE DIRECTOR SHALL ENTER INTO AGREEMENTS WITH RESIDENTIAL
SUBSTANCE ABUSE TREATMENT PROGRAMS TO PROVIDE FOR THE CARE AND TREATMENT
OF ELIGIBLE OFFENDERS SENTENCED PURSUANT TO SECTION 60.14 OF  THE  PENAL
LAW.
  2.  SUCH  PROGRAMS  SHALL  BE LICENSED BY THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES AND  SHALL  BE  APPROVED  BY  THE  DIVISION  OF
PROBATION AND CORRECTIONAL ALTERNATIVES.
  3.  UPON  THE  SATISFACTORY COMPLETION OF THE COURSE OF TREATMENT, THE
ELIGIBLE OFFENDER SHALL HAVE THE COURT IMPOSED SENTENCE  OF  CONDITIONAL
DISCHARGE TERMINATED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 410.90
OF THE CRIMINAL PROCEDURE LAW.
  S  2. Paragraph (a) of subdivision 3 of section 390.30 of the criminal
procedure law, as added by chapter 14 of the laws of 1985, is amended to
read as follows:
  (a) The report of the pre-sentence investigation must contain an anal-
ysis of as much of the information gathered in the investigation as  the
agency  that  conducted the investigation deems relevant to the question
of sentence.  WHERE APPROPRIATE, THE REPORT SHALL  INCLUDE  A  TREATMENT
PLAN  INCLUDING  BUT  NOT  LIMITED  TO  A  LISTING OF AVAILABLE LICENSED
SUBSTANCE ABUSE PROGRAMS TO PROVIDE FOR THE CARE AND TREATMENT OF OFFEN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06133-01-1
              

S. 1508                             2

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