S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3612
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. AUBRY -- 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:
   § 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.
   §  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.
              

                                                            LBD08140-01-7

 A. 3612                             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.
   § 3. The penal law is amended by adding a new section 60.14 to read as
 follows:
 §  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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.