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.
              

                                                            LBD02383-01-1

 A. 3368                             2
 
 TO PARAGRAPH (A) OF THIS SUBDIVISION THAT THE INMATE WAS ABUSING ONE  OR
 MORE SUBSTANCES AT THE TIME OF THE COMMISSION OF THE CRIME AND THAT SUCH
 SUBSTANCE  ABUSE  APPEARS TO HAVE BEEN A SIGNIFICANT CONTRIBUTING FACTOR
 IN THE COMMISSION OF SUCH OFFENSE; OR
   (III) MAKE A FINDING THAT SUBSTANCE USE WAS A SIGNIFICANT CONTRIBUTING
 FACTOR  IN  THE  COMMISSION OF THE CRIME WHEN THE INMATE IS INCARCERATED
 WITH A CONVICTION FOR  ANY  CRIME  IN  WHICH  DRUG  OR  ALCOHOL  USE  OR
 POSSESSION WAS AN ELEMENT.
   EVIDENCE  IN  SUPPORT  OF THE DETERMINATION THAT SUBSTANCE ABUSE WAS A
 SIGNIFICANT CONTRIBUTING FACTOR IN THE COMMISSION  OF  THE  OFFENSE  MAY
 INCLUDE,  BUT  SHALL  NOT  BE  LIMITED  TO, A COURT RECORD, PRE-SENTENCE
 REPORT, SOCIAL SERVICES RECORD, HOSPITAL RECORD, SWORN  STATEMENT  OF  A
 WITNESS  OTHER  THAN  THE  INMATE, LOCAL AND STATE CORRECTIONAL FACILITY
 RECORDS, LAW ENFORCEMENT RECORDS, ANY DOCUMENTATION PREPARED AT OR  NEAR
 THE  TIME OF THE COMMISSION OF THE OFFENSE, OR VERIFICATION OF CONSULTA-
 TION WITH A LICENSED MEDICAL OR MENTAL HEALTH PROFESSIONAL, SOCIAL WORK-
 ER OR EMPLOYEE OF AN AGENCY THAT PROVIDED SUBSTANCE ABUSE  TREATMENT  OR
 COUNSELING TO THE INMATE.
   (C) IN DETERMINING WHETHER TO RELEASE AN INMATE TO EARLY PAROLE PURSU-
 ANT  TO  THIS  SUBDIVISION,  THE BOARD SHALL APPLY THE FACTORS LISTED IN
 PARAGRAPH (C) OF SUBDIVISION TWO  OF  THIS  SECTION  AND  SHALL  FURTHER
 CONSIDER  ANY  FACTS OR CIRCUMSTANCES SUBMITTED BY THE APPLICANT AND MAY
 TAKE WITNESS TESTIMONY.
   § 2. Subdivision 6 of section 60.04 of the penal law,  as  amended  by
 section 120 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   6.  Substance  abuse  treatment.  When the court imposes a sentence of
 imprisonment which requires a commitment  to  the  state  department  of
 corrections and community supervision upon a person who stands convicted
 of  a  controlled  substance  or  marihuana offense, the court may, upon
 motion of the defendant in its discretion,   MAKE  A  FINDING  THAT  THE
 SUBSTANCE  ABUSE WAS A SIGNIFICANT CONTRIBUTING FACTOR IN THE COMMISSION
 OF THE OFFENSE AND/OR MAY issue an order directing that  the  department
 of  corrections  and  community  supervision enroll the defendant in the
 comprehensive alcohol and substance abuse treatment program in an  alco-
 hol  and  substance  abuse  correctional annex as defined in subdivision
 eighteen of section two of the correction law, provided that the defend-
 ant will satisfy the statutory eligibility criteria for participation in
 such program. Notwithstanding the foregoing provisions of this  subdivi-
 sion,  any  defendant  to  be  enrolled in such program pursuant to this
 subdivision shall be governed by the same rules and regulations  promul-
 gated  by  the  department  of  corrections  and  community supervision,
 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.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.