Assembly Bill A3368

2021-2022 Legislative Session

Relates to authorizing early parole release for inmates where substance abuse was a significant contributing factor in the commission of the offense

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2021-A3368 (ACTIVE) - Details

See Senate Version of this Bill:
S278
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L; amd §60.04, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10946
2019-2020: A1494, S3440
2023-2024: A3721, S2889

2021-A3368 (ACTIVE) - Summary

Relates to authorizing early parole release for inmates where substance abuse was a significant contributing factor in the commission of the offense.

2021-A3368 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3368
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by  M.  of  A.  RICHARDSON  -- read once and referred to the
   Committee on Correction
 
 AN ACT to amend the executive law and the  penal  law,  in  relation  to
   authorizing early parole release for inmates where substance abuse was
   a significant contributing factor in the commission of the offense

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 259-i of the executive law is amended by  adding  a
 new subdivision 9 to read as follows:
   9.  EARLY  RELEASE  FOR CERTAIN INMATES. (A) NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, WHERE AN INMATE'S RECORD REVEALS THAT SUBSTANCE  ABUSE
 WAS  A  SIGNIFICANT  CONTRIBUTING FACTOR IN THE COMMISSION OF HIS OR HER
 OFFENSE AND WHERE SUCH INMATE HAS SUCCESSFULLY COMPLETED  A  PROGRAM  OF
 TREATMENT  WITHIN A CORRECTIONAL FACILITY FOR ALCOHOL OR SUBSTANCE ABUSE
 AND HAS NOT BEEN DISCIPLINED BY THE DEPARTMENT FOR  DRUG,  MARIHUANA  OR
 ALCOHOL  USE  FOR A MINIMUM PERIOD OF TWO YEARS PRIOR TO THE APPLICATION
 FOR EARLY RELEASE PURSUANT TO THIS SUBDIVISION,  SUCH  INMATE  SHALL  BE
 ELIGIBLE  FOR  EARLY RELEASE TO COMMUNITY SUPERVISION ONCE HE OR SHE HAS
 COMPLETED ONE-HALF OF  HIS  OR  HER  MINIMUM  PERIOD  OF  INCARCERATION,
 PROVIDED  THAT  HE  OR  SHE IS NOT SERVING A SENTENCE FOR AN A-I FELONY,
 OTHER THAN AN A-I FELONY PURSUANT TO ARTICLE TWO HUNDRED TWENTY  OF  THE
 PENAL  LAW,  OR  A  VIOLENT  FELONY OFFENSE PURSUANT TO SECTION 70.04 OR
 70.08 OF THE PENAL LAW. THE DEPARTMENT SHALL CERTIFY TO THE  BOARD  THAT
 AN  INMATE  IS  ELIGIBLE FOR EARLY RELEASE TO COMMUNITY SUPERVISION WHEN
 SUCH ELIGIBILITY CRITERIA ARE MET.
   (B) TO DETERMINE WHETHER SUBSTANCE ABUSE WAS A SIGNIFICANT  CONTRIBUT-
 ING FACTOR IN THE COMMISSION OF THE OFFENSE, THE BOARD SHALL:
   (I)  RELY ON A FINDING THAT SUBSTANCE ABUSE WAS A SIGNIFICANT CONTRIB-
 UTING FACTOR IN THE COMMISSION OF THE OFFENSE BY THE SENTENCING COURT;
   (II) RELY ON A DETERMINATION BY  THE  DEPARTMENT  BASED  ON  A  RECORD
 REVIEW  ONCE  AN INMATE IS OTHERWISE ELIGIBLE FOR EARLY RELEASE PURSUANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.