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

                                  4841

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2011
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Codes

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-
DERS  SENTENCED  IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION ONE OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06133-01-1
              

A. 4841                             2

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.