S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1843
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- 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 incarcerated individuals where
   substance abuse was a significant contributing factor in  the  commis-
   sion 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 10 to read as follows:
   10.  EARLY RELEASE FOR CERTAIN INCARCERATED INDIVIDUALS.  (A) NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW, WHERE AN INCARCERATED  INDIVIDUAL'S
 RECORD  REVEALS  THAT  SUBSTANCE  ABUSE  WAS  A SIGNIFICANT CONTRIBUTING
 FACTOR IN THE COMMISSION OF SUCH INDIVIDUAL'S  OFFENSE  AND  WHERE  SUCH
 INDIVIDUAL  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  INDIVIDUAL SHALL BE ELIGIBLE FOR
 EARLY  RELEASE  TO  COMMUNITY  SUPERVISION  ONCE  SUCH  INDIVIDUAL   HAS
 COMPLETED ONE-HALF OF SUCH INDIVIDUAL'S MINIMUM PERIOD OF INCARCERATION,
 PROVIDED THAT SUCH INDIVIDUAL IS NOT SERVING A SENTENCE FOR AN A-I FELO-
 NY,  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 INCARCERATED INDIVIDUAL 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02235-01-5
              

 A. 1843                             2
 
   (II)  RELY  ON  A  DETERMINATION  BY  THE DEPARTMENT BASED ON A RECORD
 REVIEW ONCE AN INCARCERATED INDIVIDUAL IS OTHERWISE ELIGIBLE  FOR  EARLY
 RELEASE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION THAT THE INCARCER-
 ATED  INDIVIDUAL  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 INCARCERATED INDIVIDUAL
 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 INCARCERATED INDIVIDUAL, LOCAL AND STATE  CORREC-
 TIONAL  FACILITY  RECORDS,  LAW  ENFORCEMENT  RECORDS, ANY DOCUMENTATION
 PREPARED AT OR NEAR THE TIME  OF  THE  COMMISSION  OF  THE  OFFENSE,  OR
 VERIFICATION  OF  CONSULTATION  WITH A LICENSED MEDICAL OR MENTAL HEALTH
 PROFESSIONAL, SOCIAL WORKER OR  EMPLOYEE  OF  AN  AGENCY  THAT  PROVIDED
 SUBSTANCE ABUSE TREATMENT OR COUNSELING TO THE INCARCERATED INDIVIDUAL.
   (C)  IN  DETERMINING  WHETHER TO RELEASE AN INCARCERATED INDIVIDUAL TO
 EARLY PAROLE PURSUANT 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.