S T A T E O F N E W Y O R K
________________________________________________________________________
1801
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
___________
Introduced by M. of A. DINOWITZ -- Multi-Sponsored by -- M. of A. PHEF-
FER -- read once and referred to the Committee on Codes
AN ACT to amend the alcoholic beverage control law, the correction law,
the environmental conservation law, the executive law, the parks,
recreation and historic preservation law and the vehicle and traffic
law, in relation to compensatory service
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a), (b) and (c) of subdivision 3 and subdivi-
sion 4 of section 65-b of the alcoholic beverage control law, as amended
by chapter 519 of the laws of 1999, are amended to read as follows:
(a) For a first violation, the court shall order payment of a fine of
not more than one hundred dollars and/or an appropriate amount of
[community] COMPENSATORY service not to exceed thirty hours. In addi-
tion, the court may order completion of an alcohol awareness program
established pursuant to section 19.25 of the mental hygiene law.
(b) For a second violation, the court shall order payment of a fine of
not less than fifty dollars nor more than three hundred fifty dollars
and/or an appropriate amount of [community] COMPENSATORY service not to
exceed thirty hours. The court also shall order completion of an alcohol
awareness program as referenced in paragraph (a) of this subdivision if
such program has not previously been completed by the offender, unless
the court determines that attendance at such program is not feasible due
to the lack of availability of such program within a reasonably close
proximity to the locality in which the offender resides or matriculates,
as appropriate.
(c) For third and subsequent violations, the court shall order payment
of a fine of not less than fifty dollars nor more than seven hundred
fifty dollars and/or an appropriate amount of [community] COMPENSATORY
service not to exceed thirty hours. The court also shall order that such
person submit to an evaluation by an appropriate agency certified or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02765-01-9
A. 1801 2
licensed by the office of alcoholism and substance abuse services to
determine whether the person suffers from the disease of alcoholism or
alcohol abuse, unless the court determines that under the circumstances
presented such an evaluation is not necessary, in which case the court
shall state on the record the basis for such determination. Payment for
such evaluation shall be made by such person. If, based on such evalu-
ation, a need for treatment is indicated, such person may choose to
participate in a treatment plan developed by an agency certified or
licensed by the office of alcoholism and substance abuse services. If
such person elects to participate in recommended treatment, the court
shall order that payment of such fine and [community] COMPENSATORY
service be suspended pending the completion of such treatment.
4. A person violating the provisions of paragraph (b) of subdivision
two of this section shall be guilty of a violation punishable by a fine
of not more than one hundred dollars, and/or an appropriate amount of
[community] COMPENSATORY service not to exceed thirty hours. In addi-
tion, the court may order completion of an alcohol training awareness
program established pursuant to subdivision twelve of section seventeen
of this chapter where such program is located within a reasonably close
proximity to the locality in which the offender is employed or resides.
S 2. Paragraphs (a), (b) and (c) of subdivision 2 and subdivision 3 of
section 65-b of the alcoholic beverage control law, as amended by chap-
ter 383 of the laws of 1998, are amended to read as follows:
(a) For a first violation, the court shall order payment of a fine of
not more than one hundred dollars and/or an appropriate amount of
[community] COMPENSATORY service not to exceed thirty hours. In addi-
tion, the court may order completion of an alcohol awareness program
established pursuant to section 19.25 of the mental hygiene law.
(b) For a second violation, the court shall order payment of a fine of
not less than fifty dollars nor more than three hundred fifty dollars
and/or an appropriate amount of [community] COMPENSATORY service not to
exceed thirty hours. The court also shall order completion of an alcohol
awareness program as referenced in paragraph (a) of this subdivision if
such program has not previously been completed by the offender, unless
the court determines that attendance at such program is not feasible due
to the lack of availability of such program within a reasonably close
proximity to the locality in which the offender resides or matriculates,
as appropriate.
(c) For third and subsequent violations, the court shall order payment
of a fine of not less than fifty dollars nor more than seven hundred
fifty dollars and/or an appropriate amount of [community] COMPENSATORY
service not to exceed thirty hours. The court also shall order that such
person submit to an evaluation by an appropriate agency certified or
licensed by the office of alcoholism and substance abuse services to
determine whether the person suffers from the disease of alcoholism or
alcohol abuse, unless the court determines that under the circumstances
presented such an evaluation is not necessary, in which case the court
shall state on the record the basis for such determination. Payment for
such evaluation shall be made by such person. If, based on such evalu-
ation, a need for treatment is indicated, such person may choose to
participate in a treatment plan developed by an agency certified or
licensed by the office of alcoholism and substance abuse services. If
such person elects to participate in recommended treatment, the court
shall order that payment of such fine and [community] COMPENSATORY
service be suspended pending the completion of such treatment.
A. 1801 3
3. A person violating the provisions of paragraph (b) of subdivision
one of this section shall be guilty of a violation punishable by a fine
of not more than one hundred dollars, and/or an appropriate amount of
[community] COMPENSATORY service not to exceed thirty hours. In addi-
tion, the court may order completion of an alcohol training awareness
program established pursuant to subdivision twelve of section seventeen
of this chapter where such program is located within a reasonably close
proximity to the locality in which the offender is employed or resides.
S 3. Subdivision 5 of section 851 of the correction law, as amended by
chapter 691 of the laws of 1977, is amended to read as follows:
5. "[Community] COMPENSATORY services program" means a program under
which eligible inmates may be granted the privilege of leaving the prem-
ises of an institution for a period not exceeding fourteen hours in any
day for the purpose of participation in religious services, volunteer
work, or athletic events, or for any matter necessary to the furtherance
of any such purposes.
S 4. Subdivision 2 of section 855 of the correction law, as amended by
chapter 691 of the laws of 1977, is amended to read as follows:
2. Any eligible inmate may make application to the temporary release
committee for participation in a furlough program or [community] COMPEN-
SATORY services program, or for an industrial training leave or educa-
tional leave.
S 5. Paragraph hh of subdivision 1 of section 3-0301 of the environ-
mental conservation law, as amended by chapter 461 of the laws of 1990,
is amended to read as follows:
hh. Cooperate with the division of probation and correctional alter-
natives by identifying appropriate worksites where persons performing
[community] COMPENSATORY service as part of a criminal disposition may
be assigned to provide cleanup and other maintenance services in order
to preserve and enhance the state's natural beauty and human-made scenic
qualities. Such sites may include but are not limited to the state's
shorelines, beaches, parks, roadways, historic sites and other natural
or human-made resources.
S 6. Paragraph b of subdivision 1 of section 261 of the executive law,
as amended by chapter 461 of the laws of 1990, is amended to read as
follows:
b. "Eligible programs" means existing programs, enhancement of exist-
ing programs or initiation of new programs or, if submitting an approved
amendment pursuant to section two hundred sixty-six of this article,
eligible alcohol and substance abuse programs as defined in paragraph c
of this subdivision which serve to assist the court, public officers or
others in identifying and avoiding the inappropriate use of incarcera-
tion. Such programs may be administered by either the county or private,
community-based organizations and may include, but shall not be limited
to: new or enhanced specialized probation services which exceed those
probation services otherwise required to be performed in accordance with
applicable law, rule or regulation of the state division of probation
and correctional alternatives subject to the provisions of this article;
a pre-trial alternative to detention program, including a comprehensive
pre-arraignment program which screens all defendants and ensures that
the court is fully advised of the availability of alternatives based
upon the defendant's suitability and needs prior to its determination
regarding the issuance of a securing order, or an effective bail review
program; alternatives to post-adjudicatory incarceration programs,
including [community] COMPENSATORY service, substance abuse or alcohol
intervention programs; and management information systems designed to
A. 1801 4
improve the county's ability to identify appropriate persons for alter-
natives to detention or incarceration, as well as for improved classi-
fication of persons within jail. For purposes of this paragraph, [commu-
nity] COMPENSATORY service programs may place persons performing
[community] COMPENSATORY service at worksites identified by the commis-
sioner of the department of environmental conservation and the commis-
sioner of the office of parks, recreation and historic preservation.
S 7. Subdivision 2-f of section 3.09 of the parks, recreation and
historic preservation law, as amended by chapter 461 of the laws of 1990
and as separately renumbered by chapters 460 and 552 of the laws of
2001, is amended to read as follows:
2-f. Cooperate with the division of probation and correctional alter-
natives by identifying appropriate worksites where persons performing
[community] COMPENSATORY service as part of a criminal disposition may
be assigned to provide cleanup and other maintenance services in order
to preserve and enhance the state's natural beauty and human-made scenic
qualities. Such sites may include but are not limited to the state's
shorelines, beaches, parks, roadways, historic sites and other natural
or human-made resources.
S 8. Paragraph (e) of subdivision 3 of section 1198 of the vehicle and
traffic law, as amended by chapter 669 of the laws of 2007, is amended
to read as follows:
(e) Nothing contained [herein] IN THIS SUBDIVISION shall prevent the
court from applying any other conditions of probation allowed by law,
including treatment for alcohol or drug abuse, restitution and [communi-
ty] COMPENSATORY service.
S 9. This act shall take effect immediately; provided, that the amend-
ments to section 65-b of the alcoholic beverage control law made by
section one of this act shall be subject to the expiration and reversion
of such section pursuant to section 4 of chapter 519 of the laws of
1999, as amended, when upon such date the provisions of section two of
this act shall take effect; and provided, further, that the amendments
to subdivision 5 of section 851 and the amendments to subdivision 2 of
section 855 of the correction law made by sections three and four of
this act shall not affect the expiration of such sections and shall be
deemed to expire therewith; provided further that the amendments to
paragraph b of subdivision 1 of section 261 of the executive law and the
amendments to paragraph (e) of subdivision 3 of section 1198 of the
vehicle and traffic law made by sections six and eight of this act shall
not affect the repeal of such sections and shall be deemed repealed
therewith.