Senate Bill S1508

2011-2012 Legislative Session

Authorizes a sentence of conditional discharge pending completion of a substance abuse treatment program for first and second time drug possessors

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Sponsored By

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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2011-S1508 (ACTIVE) - Details

See Assembly Version of this Bill:
A4841
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Add §249-a, Exec L; amd §390.30, CP L; add §60.14, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1270, A1677
2013-2014: S1870, A2662
2015-2016: S982, A1642
2017-2018: S4484, A3612
2019-2020: S742, A4050
2021-2022: A2341
2023-2024: A1656

2011-S1508 (ACTIVE) - Summary

Authorizes imposition of a sentence of conditional discharge pending the completion of a substance abuse treatment program licensed by the office of alcoholism and substance abuse services and approved by the division of probation and correctional alternatives for first or second conviction of certain controlled substance possession or marihuana possession offenses provided such offender has no prior violent felony convictions.

2011-S1508 (ACTIVE) - Sponsor Memo

2011-S1508 (ACTIVE) - Bill Text download pdf

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

                                  1508

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced by Sens. MONTGOMERY, BRESLIN, DILAN, DUANE, HASSELL-THOMPSON,
  KRUEGER  --  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 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-

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

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