NY State Senate Bill 2015-S982

Senate Bill S982

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Finance 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2016	reported and committed to finance
Jan 06, 2016	referred to crime victims, crime and correction
Jan 07, 2015	referred to crime victims, crime and correction

Votes

- May 18, 2016 - Crime Victims, Crime And Correction Committee Vote
  S982
  
  8
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 18, 2016
      
      aye (8)
      
      Gallivan
      
      Hassell-Thompson
      
      Montgomery
      
      Peralta
      
      Perkins
      
      Ritchie
      
      Rivera
      
      Savino
      
      aye wr (4)
      
      Akshar
      
      Griffo
      
      Little
      
      Venditto
      
      excused (1)
      
      Nozzolio

co-Sponsors

2015-S982 (ACTIVE) - Details

See Assembly Version of this Bill:: A1642
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §249-a, Exec L; amd §390.30, CP L; add §60.14, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1270, A1677
2011-2012: S1508, A4841
2013-2014: S1870, A2662
2017-2018: S4484, A3612
2019-2020: S742, A4050
2021-2022: A2341
2023-2024: A1656

2015-S982 (ACTIVE) - Summary

Authorizes imposition of a sentence of conditional discharge pending the completion of a substance abuse treatment program licensed by the office of alcoholism and substance abuse services and approved by the division of probation and correctional alternatives for first or second conviction of certain controlled substance possession or marihuana possession offenses provided such offender has no prior violent felony convictions.

2015-S982 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S982

TITLE OF BILL:  An act to amend the executive law, the criminal
procedure law and the penal law, in relation to establishing substance
abuse treatment alternatives for certain offenders

PURPOSE:

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

SUMMARY OF PROVISIONS:

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

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

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

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

JUSTIFICATION:

New York State's drug laws are not cost effective because they have
led to prison crowding without enhancing public safety, and because
they have led to dramatic increases in prison spending. These laws are
inequitable because they hurt minority communities, and they are
unjust because they don't distinguish between a one-time drug offender
who is simply acting as a "mule" and a "drug kingpin."

Drug abuse is a terrible evil that has destroyed many lives. But the
failure of the law enforcement approach of the so-called "War on
Drugs" is evidenced by the many thousands of non-violent drug
offenders in our prisons, while drugs continue to be sold and used in
our communities.


New York must return to its justices the flexibility and discretion
and sentencing that they once used to treat persons with drug problems
as individuals. "Lock'em up and throw away the key" and prison
construction may be politically popular, but it is fiscally
irresponsible to incarcerate non-violent drug offenders and
destructive to the communities that these offenders come from. A
recent study published by the Drug Policy Research Center of the RAND
Corporation concluded that long prison sentences cost more than drug
treatment, and do less to reduce drug consumption. The RAND study
demonstrates that we can do more to reduce drug-related violence and
drug consumption by mandating treatment rather than simply mandating
long prison sentences.

This legislation is designed to implement an approach that treats drug
abuse as a public health problem as opposed to a criminal justice
problem. It will permit the state to spend a fraction of that amount
on drug treatment programs. The savings can be used for many things,
including drug treatment prevention programs for children.

This bill targets non-violent offenders who are charged with simple
drug possession and low-level drug sales, and offers the sentencing
judge the opportunity to sentence these offenders to treatment instead
of prison. It does not alter the current penalties for high-level drug
possessors and drug dealers.

LEGISLATIVE HISTORY:

1999-2000: S.3386 Died in Committee
2001-2002: S.1107 Died in Committee
2003-2004: S.1629 Died in Committee
2005-2006: S.1494 Died in Committee
2007-2008: S.2121 Died in Committee
2009-2010: S.1270 Died in Committee
2011-2012: S.1508 Died in Committee
2013-2014: S.1870 Died in Committee

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

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

2015-S982 (ACTIVE) - Bill Text download pdf

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

                                   982

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- 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.
                                                           LBD03038-01-5

S. 982                              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.

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Senate Bill S982

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Velmanette Montgomery