Bill S7656-2013

Eliminates shock treatment for class A-II felony drug offenders

Eliminates shock treatment for A-II drug traffickers.

Details

Actions

  • Jun 9, 2014: referred to correction
  • Jun 9, 2014: DELIVERED TO ASSEMBLY
  • Jun 9, 2014: PASSED SENATE
  • Jun 3, 2014: ORDERED TO THIRD READING CAL.1145
  • Jun 3, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 23, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Jun 3, 2014
Ayes (7): Gallivan, Carlucci, DeFrancisco, Griffo, Maziarz, Nozzolio, Ritchie
Ayes W/R (3): Little, Montgomery, Peralta
Nays (3): Hassell-Thompson, Hoylman, Rivera

Memo

BILL NUMBER:S7656

TITLE OF BILL: An act to amend the correction law and the criminal procedure law, in relation to eliminating shock treatment for class A-II felony drug offenders

PURPOSE: This bill would hold drug dealers accountable by removing from eligibility for SHOCK treatment those defendants convicted of class A-II felony drug offenses.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 865 of the correction law to exclude from the definition of "eligible inmate" - as it relates to SHOCK treatment - class A-II felony drug offenses defined in article 220 of the penal law. This section allows for an exception if the inmate, at arraignment, tested positive for a controlled substance.

Section 2 amends section 180.10 of the criminal procedure law to add new subdivision seven, to allow for drug testing at arraignment of defendants charged with either A-I or A-II drug crime felonies.

Section 3 amends section 210.15 of the criminal procedure law to add new subdivision seven, to allow for drug testing at arraignment of defendants charged with either A-I or A-II drug crime felonies.

Section 4 states that this act shall become effective immediately.

JUSTIFICATION: Heroin use is steadily on the rise. Its impact now reaches every aspect of our society regardless of income, education or gender. The increasing availability of this drug combined with more powerful incarnations is creating an epidemic that is having a dramatic impact on young people across the state and leading to the unfortunate deaths of too many New Yorkers. Under current law, even those convicted of serious drug offenses are eligible for SHOCK treatment. This law would hold drug dealers accountable but allow flexibility for those charged who truly have a substance abuse problem.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7656 IN SENATE May 23, 2014 ___________
Introduced by Sens. NOZZOLIO, BALL, BONACIC, BOYLE, FELDER, GALLIVAN, GOLDEN, GRIFFO, HANNON, LANZA, LITTLE, MARCELLINO, MARCHIONE, MARTINS, MAZIARZ, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SAVINO, SEWARD, VALE- SKY, YOUNG -- 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 criminal procedure law, in relation to eliminating shock treatment for class A-II felony drug offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 865 of the correction law, as amended by chapter 377 of the laws of 2010, is amended to read as follows: 1. "Eligible inmate" means a person sentenced to an indeterminate term of imprisonment who will become eligible for release on parole within three years or sentenced to a determinate term of imprisonment who will become eligible for conditional release within three years, who has not reached the age of fifty years, who has not previously been convicted of a violent felony as defined in article seventy of the penal law, or a felony in any other jurisdiction which includes all of the essential elements of any such violent felony, upon which an indeterminate or determinate term of imprisonment was imposed and who was between the ages of sixteen and fifty years at the time of commission of the crime upon which his or her present sentence was based. Notwithstanding the foregoing, no person who is convicted of any of the following crimes shall be deemed eligible to participate in this program: (a) a violent felony offense as defined in article seventy of the penal law, (b) an A-I felony offense, (c) any homicide offense as defined in article one hundred twenty-five of the penal law, (d) any felony sex offense as defined in article one hundred thirty of the penal law [and], (e) any escape or absconding offense as defined in article two hundred five of the penal law, AND (F) ANY CLASS A-II FELONY DRUG OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW EXCEPT WHERE THE INMATE TESTED POSITIVE FOR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN SUBDIVI-
SION FIVE OF SECTION 220.00 OF THE PENAL LAW UPON ARRAIGNMENT OF THE CHARGES PURSUANT TO VOLUNTARY DRUG TEST PROVISIONS OF SUBDIVISION SEVEN OF SECTION 180.10 OF THE CRIMINAL PROCEDURE LAW OR SUBDIVISION SEVEN OF SECTION 210.15 OF THE CRIMINAL PROCEDURE LAW. S 2. Section 180.10 of the criminal procedure law is amended by adding a new subdivision 7 to read as follows: 7. UPON THE ARRAIGNMENT OF A DEFENDANT CHARGED WITH EITHER A CLASS A-I OR CLASS A-II FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW, THE COURT, UNLESS IT INTENDS IMMEDIATELY THEREAFTER TO DISMISS THE FELONY COMPLAINT AND TERMINATE THE ACTION, SHALL ADVISE THE DEFENDANT THAT UPON DEFENDANT'S REQUEST, THE COURT WILL ORDER THE IMMEDIATE DRUG TESTING OF THE DEFENDANT FOR THE SOLE PURPOSES OF DETERMINING POTENTIAL FUTURE ELIGIBILITY OF THE DEFENDANT FOR THE SHOCK INCARCERATION PROGRAM UNDER ARTICLE TWENTY-SIX-A OF THE CORRECTION LAW. ANY RESULTS OF SAID TESTING SHALL REMAIN IN THE CUSTODY OF THE COURT AND SHALL ONLY BE USED AT SENTENCE FOR THE PURPOSE OF NOTIFYING THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OF THE DEFENDANT'S POTENTIAL ELIGIBILITY FOR THE SHOCK INCARCERATION PROGRAM. S 3. Section 210.15 of the criminal procedure law is amended by adding a new subdivision 7 to read as follows: 7. UPON THE ARRAIGNMENT OF A DEFENDANT CHARGED WITH EITHER A CLASS A-I OR CLASS A-II FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW, THE COURT, UNLESS IT INTENDS IMMEDIATELY THEREAFTER TO DISMISS THE INDICTMENT AND TERMINATE THE ACTION, SHALL ADVISE THE DEFENDANT THAT UPON DEFENDANT'S REQUEST, THE COURT WILL ORDER THE IMMEDIATE DRUG TEST- ING OF THE DEFENDANT FOR THE SOLE PURPOSES OF DETERMINING POTENTIAL FUTURE ELIGIBILITY OF THE DEFENDANT FOR THE SHOCK INCARCERATION PROGRAM UNDER ARTICLE TWENTY-SIX-A OF THE CORRECTION LAW. ANY RESULTS OF SAID TESTING SHALL REMAIN IN THE CUSTODY OF THE COURT AND SHALL ONLY BE USED AT SENTENCE FOR THE PURPOSE OF NOTIFYING THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OF THE DEFENDANT'S POTENTIAL ELIGIBILITY FOR THE SHOCK INCARCERATION PROGRAM. S 4. This act shall take effect immediately.

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