NY State Senate Bill 2021-S2200

Senate Bill S2200

2021-2022 Legislative Session

Relates to temporary release eligibility for judicially ordered comprehensive alcohol and substance abuse treatment

download bill text pdf

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 05, 2022	referred to crime victims, crime and correction
Jan 20, 2021	referred to crime victims, crime and correction

2021-S2200 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §851, Cor L; amd §60.04, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4324
2023-2024: S4920

2021-S2200 (ACTIVE) - Summary

Relates to temporary release eligibility for judicially ordered comprehensive alcohol and substance abuse treatment.

2021-S2200 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2200

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the correction law and the penal law, in relation to
temporary release eligibility for judicially ordered comprehensive alco-
hol and substance abuse treatment

 
PURPOSE:

To permit inmates who are ordered by judges to attend comprehensive
alcohol and substance abuse treatment (CARAT) programs to complete the
program.

 
SUMMARY OF PROVISIONS:

Sections 1, 2 and 3 amend correction law g 851(2) to add inmates who
were judicially-ordered to CARAT to the definition of inmates eligible
for work release.

Section 4 amends section 60.04(6) of the penal law to provide that
defendants judicially sentenced to CASAT shall be eligible for work
release.

 
JUSTIFICATION:

Judicially-ordered CASAT was intended by the legislature to allow courts
to directly order defendants whose crimes were committed because of
their drug use to go to an intensive drug treatment program run by DOCCS
and to then go onto work release where they could be closely monitored
for sobriety while earning their way back into society. Besides judi-
cially-ordered CARAT, other inmates with drug and alcohol abuse problems
can be sent to CASAT by DOCCS once they are getting close to being work-
release eligible, that is within two years of completion of their mini-
mum sentences. Because of the wording of the statute, DOCCS decided that
judicially-ordered inmates who had more than two years to go on their
sentences when they completed phase I of the CASAT program were not
eligible for work release. Instead, DOCCS sends those inmates back into
prison where their progress is out on hold while they finish their
sentences.

Given the current heroin epidemic and the number of people caught up in
cycles of addiction, it is time to revisit the language authorizing
Judicially-ordered CARAT. When the court determines that a criminal
defendant is a good candidate for intensive drug treatment followed by
work release, that defendant should have a chance to fully participate
in the CASAT program. Inmates who successfully complete the drug-treat-
ment component of the program should be able to participate in work
release, as originally intended by the Legislature. Any inmate who is
not successful on work release or who relapses will be sent back to
prison, at least until he or she has completed his or her minimum
sentence.

Work release is a positive tool for rehabilitation and is more restric-
tive than parole. It gives addicted inmates the opportunity to overcome
their drug problems and return to society more quickly once those prob-
lems are addressed. An inmate who finishes his or her minimum sentence

on work release is then eligible for parole release like any other
inmate.

 
LEGISLATIVE HISTORY:

S.4324 of 2019-2020; Referred to Crime Victims, Crime and Correction

A.10907 of 2018; Advanced to Third Reading

 
FISCAL IMPLICATIONS:

None. The CASAT programs are under-enrolled since the state enacted
Rockefeller Drug Law Reform so they have excess capacity. It saves money
to send inmates out on work release instead of locking them up in pris-
on.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This acts takes effect on the 60th day after it shall have become a law,
provided however, that the amendments to subdivision 2 of section 8 52.
of the correction law made by section one of thi act shall be subject to
the expiration and reversion of such subdivision and section pursuant to
subdivision (c) of section 46 of the chapter 60 of the laws of 1994 and
section 10 of chapter 339 of the law s of 1972, as amended, when upon
such date the provisions of section two of this at shall take effect;
provided farther, that the amendments to subdivision 2 of section 851 of
the correction law made by section two of this at shall expire on the
same date as subdivision (c)of section 46 of chapter 60 of the laws of
1994 and section 10 of chapter 339 of the laws of 1972, and section 5 of
chapter 5 54 of the laws of 1986, as amended, expire when upon such date
the provisions of section three of this act shall take effect.

2021-S2200 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2200
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 and the penal  law,  in  relation  to
   temporary  release  eligibility  for  judicially ordered comprehensive
   alcohol and substance abuse treatment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 851 of the correction law, as
 amended by chapter 60 of the laws of  1994,  the  opening  paragraph  as
 amended  by  chapter  320  of the laws of 2006, the closing paragraph as
 amended by section 42 of subpart B of part C of chapter 62 of  the  laws
 of 2011, is amended to read as follows:
   2. "Eligible inmate" means: a person confined in an institution who is
 eligible  for  release on parole or who will become eligible for release
 on parole or conditional release within two years OR WHO HAS COMPLETED A
 JUDICIALLY-ORDERED SUBSTANCE ABUSE TREATMENT PROGRAM IN A STATE  CORREC-
 TIONAL  FACILITY  PURSUANT  TO  SUBDIVISION  SIX OF SECTION 60.04 OF THE
 PENAL LAW. Provided, however,  that  a  person  under  sentence  for  an
 offense  defined in paragraphs (a) and (b) of subdivision one of section
 70.02 of the penal law, where such offense involved the use  or  threat-
 ened  use of a deadly weapon or dangerous instrument shall not be eligi-
 ble to participate in a work release program until he or she is eligible
 for release on parole or who will be eligible for release on  parole  or
 conditional  release within eighteen months. Provided, further, 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 participate in a temporary release
 program until the time served under imprisonment for his or her determi-
 nate  sentence,  including  any  jail  time  credited  pursuant  to  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04440-01-1

 S. 2200                             2
 
 provisions  of article seventy of the penal law, shall be at least eigh-
 teen months. In the case of a person serving an  indeterminate  sentence
 of  imprisonment  imposed  pursuant  to  the  penal  law in effect after
 September  one,  nineteen  hundred sixty-seven, for the purposes of this
 article parole eligibility shall be upon the expiration of  the  minimum
 period  of  imprisonment  fixed  by the court or where the court has not
 fixed any period, after service of the minimum period fixed by the state
 board of parole. If an inmate is denied release on parole,  such  inmate
 shall  not  be  deemed  an eligible inmate until he or she is within two
 years of his or her next scheduled appearance before  the  state  parole
 board.  In  any  case  where an inmate is denied release on parole while
 participating in a  temporary  release  program,  the  department  shall
 review  the  status of the inmate to determine if continued placement in
 the program is  appropriate.  No  person  convicted  of  any  escape  or
 absconding  offense defined in article two hundred five of the penal law
 shall be eligible  for  temporary  release.  Further,  no  person  under
 sentence  for  aggravated  harassment  of  an  employee  by an inmate as
 defined in section 240.32 of the penal law  for,  any  homicide  offense
 defined in article one hundred twenty-five of the penal law, for any sex
 offense  defined  in article one hundred thirty of the penal law, or for
 an offense defined in section 255.25, 255.26 or 255.27 of the penal  law
 shall be eligible to participate in a work release program as defined in
 subdivision  three  of this section. Nor shall any person under sentence
 for any sex offense defined in article one hundred thirty of  the  penal
 law  be  eligible  to  participate  in  a  community services program as
 defined in subdivision five of this section. Notwithstanding the forego-
 ing, no person who is an otherwise eligible inmate who is under sentence
 for a crime involving: (a) infliction of serious  physical  injury  upon
 another  as  defined in the penal law or (b) any other offense involving
 the use or threatened use of a deadly weapon may participate in a tempo-
 rary release program without the written approval of  the  commissioner.
 The  commissioner  shall  promulgate regulations giving direction to the
 temporary release committee at each institution in  order  to  aid  such
 committees in carrying out this mandate.
   The  governor,  by  executive  order, may exclude or limit the partic-
 ipation of any class of otherwise eligible inmates from participation in
 a  temporary  release  program.  Nothing  in  this  paragraph  shall  be
 construed to affect either the validity of any executive order previous-
 ly  issued  limiting  the participation of otherwise eligible inmates in
 such program or the authority of the commissioner to impose  appropriate
 regulations limiting such participation.
   § 2. Subdivision 2 of section 851 of the correction law, as amended by
 chapter  447  of  the  laws of 1991, the opening paragraph as amended by
 chapter 252 of the laws of 2005, and the closing paragraph as amended by
 section 43 of subpart B of part C of chapter 62 of the laws of 2011,  is
 amended to read as follows:
   2. "Eligible inmate" means: a person confined in an institution who is
 eligible  for  release on parole or who will become eligible for release
 on parole or conditional release within two years OR WHO HAS COMPLETED A
 JUDICIALLY-ORDERED SUBSTANCE ABUSE TREATMENT PROGRAM IN A STATE  CORREC-
 TIONAL  FACILITY  PURSUANT  TO  SUBDIVISION  SIX OF SECTION 60.04 OF THE
 PENAL LAW.  Provided, 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 participate in a
 temporary release program until the time served under  imprisonment  for

 S. 2200                             3
 
 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. In the case of a person serving an  indeterminate
 sentence  of  imprisonment  imposed  pursuant to the penal law in effect
 after September one, nineteen hundred sixty-seven, for the  purposes  of
 this  article  parole  eligibility  shall  be upon the expiration of the
 minimum period of imprisonment fixed by the court or where the court has
 not fixed any period, after service of the minimum period fixed  by  the
 state  board  of  parole. If an inmate is denied release on parole, such
 inmate shall not be deemed an eligible inmate until he or she is  within
 two  years  of  his  or  her  next scheduled appearance before the state
 parole board. In any case where an inmate is denied  release  on  parole
 while participating in a temporary release program, the department shall
 review  the  status of the inmate to determine if continued placement in
 the program is  appropriate.  No  person  convicted  of  any  escape  or
 absconding  offense defined in article two hundred five of the penal law
 shall be eligible for temporary release.  Nor  shall  any  person  under
 sentence  for  any  sex offense defined in article one hundred thirty of
 the penal law be eligible to participate in a community services program
 as defined in subdivision five  of  this  section.  Notwithstanding  the
 foregoing,  no  person  who is an otherwise eligible inmate who is under
 sentence for a crime involving: (a) infliction of serious physical inju-
 ry upon another as defined in the penal law, (b) a sex offense involving
 forcible compulsion, or (c) any  other  offense  involving  the  use  or
 threatened use of a deadly weapon may participate in a temporary release
 program  without  the  written approval of the commissioner. The commis-
 sioner shall promulgate regulations giving direction  to  the  temporary
 release committee at each institution in order to aid such committees in
 carrying out this mandate.
   The  governor,  by  executive  order, may exclude or limit the partic-
 ipation of any class of otherwise eligible inmates from participation in
 a  temporary  release  program.  Nothing  in  this  paragraph  shall  be
 construed to affect either the validity of any executive order previous-
 ly  issued  limiting  the participation of otherwise eligible inmates in
 such program or the authority of the commissioner to impose  appropriate
 regulations limiting such participation.
   §  3.  Subdivision 2 of section 851 of the correction law, as added by
 chapter 472 of the laws of 1969, is amended to read as follows:
   2. "Eligible inmate" means a person confined in an institution where a
 work release program has been established who is eligible for release on
 parole or who will become eligible for release on parole within one year
 OR WHO HAS COMPLETED  A  JUDICIALLY-ORDERED  SUBSTANCE  ABUSE  TREATMENT
 PROGRAM  IN A STATE CORRECTIONAL FACILITY PURSUANT TO SUBDIVISION SIX OF
 SECTION 60.04 OF THE PENAL LAW.
   § 4. 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, 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 alcohol and substance abuse correctional annex as  defined
 in  subdivision  eighteen of section two of the correction law, provided

 S. 2200                             4
 
 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 pursu-
 ant  to  this  subdivision shall be governed by the same rules and regu-
 lations promulgated 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. SUCH DEFENDANT  SHALL
 BE  DEEMED ELIGIBLE FOR TEMPORARY RELEASE PURSUANT TO SUBDIVISION TWO OF
 SECTION EIGHT HUNDRED FIFTY-ONE OF THE CORRECTION LAW UPON COMPLETION OF
 SUCH 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.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided however, that the amendments to  subdivision
 2  of  section 851 of the correction law made by section one of this act
 shall be subject to the expiration and reversion of such subdivision and
 section pursuant to subdivision (c) of section 46 of chapter 60  of  the
 laws  of  1994  and  section  10  of chapter 339 of the laws of 1972, as
 amended, when upon such date the provisions of section two of  this  act
 shall  take effect; provided further, that the amendments to subdivision
 2 of section 851 of the correction law made by section two of  this  act
 shall  expire on the same date as subdivision (c) of section 46 of chap-
 ter 60 of the laws of 1994, section 10 of chapter 339  of  the  laws  of
 1972, and section 5 of chapter 554 of the laws of 1986, as amended, when
 upon  such  date  the provisions of section three of this act shall take
 effect.

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