A. 6085 2
the purpose of providing intensive alcohol and substance abuse treatment
services TO INMATES OF THE DEPARTMENT. Such services shall ensure
comprehensive treatment for alcoholism and substance abuse, PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION, to ALL inmates UNDER CUSTODY OF THE
DEPARTMENT who have been identified by the commissioner or his or her
designee, OR BY THE SENTENCING COURT, as having had or presently having
a history of alcoholism or substance abuse. Such services shall be
provided [in the facility] WITHIN THE DEPARTMENT FOR A MINIMUM OF TWELVE
MONTHS (PROVIDED, HOWEVER, THAT INMATES WHO SUCCESSFULLY COMPLETE SIX
MONTHS OF SUCH ALCOHOL AND SUBSTANCE ABUSE TREATMENT PROGRAM, AND ARE
OTHERWISE ELIGIBLE FOR DRUG ABUSE TREATMENT PURSUANT TO SUBDIVISION
EIGHTEEN OF THIS SECTION, MAY PARTICIPATE IN SUCH TREATMENT AT A CORREC-
TIONAL ANNEX PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION), OR UNTIL
RELEASE FROM THE DEPARTMENT, WHICHEVER OCCURS FIRST, TO ALL INMATES WHO
WERE ASSESSED AND IDENTIFIED AS HAVING AN ALCOHOL AND/OR SUBSTANCE ABUSE
DEPENDENCY BY THE DEPARTMENT OR BY THE SENTENCING COURT. SUCH PROGRAM
SHALL BE PROVIDED in accordance with minimum standards promulgated by
[the department after consultation with the division of alcoholism and
alcohol abuse and the division of substance abuse services] THE OFFICE
OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, AFTER CONSULTATION WITH THE
DEPARTMENT. SUCH PROGRAM SHALL INCLUDE PERIODIC URINALYSIS.
(B) THE DEPARTMENT SHALL ENSURE COMPLIANCE WITH THE REGULATIONS OF THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND SHALL REQUIRE,
EITHER DIRECTLY OR THROUGH FORMAL AGREEMENT WITH COMMUNITY-BASED
NOT-FOR-PROFIT SUBSTANCE ABUSE TREATMENT PROVIDERS LICENSED BY THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THAT INMATES WHO ARE
RELEASED ON PAROLE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION AND
WHO ARE, AS A CONDITION OF SUCH RELEASE, REQUIRED TO PARTICIPATE IN
TREATMENT AND INMATES WHO ARE TRANSFERRED TO A COMMUNITY-BASED TREATMENT
PROGRAM IN ACCORDANCE WITH THE COMMUNITY REINTEGRATION PHASE OF THE
COMPREHENSIVE ALCOHOL AND SUBSTANCE ABUSE TREATMENT PROGRAM, SHALL BE
PROVIDED WITH A SUBSTANCE ABUSE TREATMENT ASSESSMENT AND COMMUNITY-BASED
ALCOHOL AND SUBSTANCE ABUSE TREATMENT SERVICES PROVIDING AN APPROPRIATE
CONTINUUM OF TREATMENT AND DESIGNED TO REDUCE OFFENDER RECIDIVISM AND
CRIME. THE DIVISION OF PAROLE SHALL ASSIST THE DEPARTMENT IN ANY MANNER
NECESSARY TO ASSURE THAT THE PURPOSES AND OBJECTIVES OF THIS PARAGRAPH
ARE EFFECTIVELY ACCOMPLISHED.
S 2. Subdivision 18 of section 2 of the correction law, as amended by
section 1 of chapter 738 of the laws of 2004, is amended to read as
follows:
18. "Alcohol and substance abuse treatment correctional annex." A
medium security correctional facility consisting of one or more residen-
tial dormitories which provide intensive alcohol and substance abuse
treatment services to inmates who: (i) are otherwise eligible for tempo-
rary release, or (ii) stand convicted of a felony defined in article two
hundred twenty or two hundred twenty-one of the penal law, and are with-
in [six] EIGHTEEN months of being an eligible inmate as that term is
defined in subdivision two of section eight hundred fifty-one of this
chapter including such inmates who are participating in such program
pursuant to subdivision six of section 60.04 of the penal law. Notwith-
standing the foregoing provisions of this subdivision, any inmate to be
enrolled in this program pursuant to subdivision six of section 60.04 of
the penal law shall be governed by the same rules and regulations
promulgated by the department, including without limitation those rules
and regulations establishing requirements for completion and those rules
and regulations governing discipline and removal from the program. No
A. 6085 3
such period of court ordered corrections based drug abuse treatment
pursuant to this subdivision shall be required to extend beyond the
defendant's conditional release date. Such treatment services may be
provided by one or more outside service providers pursuant to contractu-
al agreements with both the department and the division of parole,
provided, however, that any such provider shall be required to continue
to provide, either directly or through formal or informal agreement with
other providers, alcohol and substance abuse treatment services to
inmates who have successfully participated in such provider's incarcera-
tive treatment services and who have been paroled or conditionally
released under the supervision of the division of parole and who are, as
a condition of their parole or conditional release, required to partic-
ipate in alcohol or substance abuse treatment. Such incarcerative
services shall be provided in the facility in accordance with minimum
standards promulgated by the department after consultation with the
office of alcoholism and substance abuse services. Such services to
parolees shall be provided in accordance with standards promulgated by
the division of parole after consultation with the office of alcoholism
and substance abuse services. Notwithstanding any other provision of
law, any person who has successfully completed no less than six months
of intensive alcohol and substance abuse treatment services in one of
the department's eight designated alcohol and substance abuse treatment
correctional annexes having a combined total capacity of two thousand
five hundred fifty beds may be transferred to a program operated by or
at a residential treatment facility[, provided however, that a person
under a determinate sentence as a second felony drug offender for a
class B felony offense defined in article two hundred twenty of the
penal law, who was sentenced pursuant to section 70.70 of such law,
shall not be eligible to be transferred to a program operated at a resi-
dential treatment facility until the time served under imprisonment for
his or her determinate sentence, including any jail time credited pursu-
ant to the provisions of article seventy of the penal law, shall be at
least eighteen months]. The commissioner shall report annually to the
temporary president of the senate and the speaker of the assembly
commencing January first, nineteen hundred ninety-two as to the efficacy
of such programs including but not limited to a comparative analysis of
state-operated and private sector provision of treatment services and
recidivism. Such report shall also include the number of inmates
received by the department during the reporting period who are subject
to a sentence which includes enrollment in substance abuse treatment in
accordance with subdivision six of section 60.04 of the penal law, the
number of such inmates who are not placed in such treatment program and
the reasons for such occurrences.
S 3. Subdivision 18 of section 2 of the correction law, as amended by
section 2 of chapter 738 of the laws of 2004, is amended to read as
follows:
18. "Alcohol and substance abuse treatment correctional annex." A
medium security correctional facility consisting of one or more residen-
tial dormitories which provide intensive alcohol and substance abuse
treatment services to inmates who: (i) are otherwise eligible for tempo-
rary release, or (ii) stand convicted of a felony defined in article two
hundred twenty or two hundred twenty-one of the penal law, and are with-
in [six] EIGHTEEN months of being an eligible inmate as that term is
defined in subdivision two of section eight hundred fifty-one of this
chapter including such inmates who are participating in such program
pursuant to subdivision six of section 60.04 of the penal law. Notwith-
A. 6085 4
standing the foregoing provisions of this subdivision, any inmate to be
enrolled in this program pursuant to subdivision six of section 60.04 of
the penal law shall be governed by the same rules and regulations
promulgated by the department, including without limitation those rules
and regulations establishing requirements for completion and those rules
and regulations governing discipline and removal from the program. No
such period of court ordered corrections based drug abuse treatment
pursuant to this subdivision shall be required to extend beyond the
defendant's conditional release date. Such treatment services may be
provided by one or more outside service providers pursuant to contractu-
al agreements with both the department and the division of parole,
provided, however, that any such provider shall be required to continue
to provide, either directly or through formal or informal agreement with
other providers, alcohol and substance abuse treatment services to
inmates who have successfully participated in such provider's incarcera-
tive treatment services and who have been paroled or conditionally
released under the supervision of the division of parole and who are, as
a condition of their parole or conditional release, required to partic-
ipate in alcohol or substance abuse treatment. Such incarcerative
services shall be provided in the facility in accordance with minimum
standards promulgated by the department after consultation with the
office of alcoholism and substance abuse services. Such services to
parolees shall be provided in accordance with standards promulgated by
the division of parole after consultation with the office of alcoholism
and substance abuse services. The commissioner shall report annually to
the majority leader of the senate and the speaker of the assembly
commencing January first, nineteen hundred ninety-two as to the efficacy
of such programs including but not limited to a comparative analysis of
state-operated and private sector provision of treatment services and
recidivism. Such report shall also include the number of inmates
received by the department during the reporting period who are subject
to a sentence which includes enrollment in substance abuse treatment in
accordance with subdivision six of section 60.04 of the penal law, the
number of such inmates who are not placed in such treatment program and
the reasons for such occurrences.
S 4. Section 71 of the correction law is amended by adding a new
subdivision 2-a to read as follows:
2-A. PERSONS WHO ARE COMMITTED, TRANSFERRED, CERTIFIED TO OR CONFINED
BY THE DEPARTMENT AND HAVE A HISTORY OF ALCOHOL OR SUBSTANCE ABUSE SHALL
BE DELIVERED TO THE GREATEST EXTENT PRACTICABLE TO A CORRECTIONAL FACIL-
ITY THAT OFFERS ALCOHOL OR SUBSTANCE ABUSE SERVICES, AS APPLICABLE, AS
DEFINED IN SUBDIVISION SEVENTEEN OF SECTION TWO OF THIS CHAPTER.
S 5. The correction law is amended by adding a new section 149-a to
read as follows:
S 149-A. RELEASED INMATES; TRANSITIONAL SERVICES PROGRAM. 1. AS USED
IN THIS SECTION, "TRANSITIONAL SERVICES PROGRAM" SHALL MEAN A COMPREHEN-
SIVE SKILLS-BASED TRAINING PROGRAM OF THE DEPARTMENT DESIGNED TO PREPARE
INMATES FOR REINTEGRATION INTO THE COMMUNITY. EACH TRANSITIONAL
SERVICES PROGRAM SHALL BE DESIGNED TO REDUCE OFFENDER RECIDIVISM AND
CRIME. SUCH PREPARATION FOR REINTEGRATION SHALL INCLUDE REFERRALS TO
APPROPRIATE MEDICAL SERVICES, EDUCATIONAL AND VOCATIONAL SERVICES,
MENTAL HEALTH SERVICES AND HOUSING SERVICES AND SHALL BE CONSISTENT WITH
THE REQUIREMENT THAT ALL OFFENDERS RELEASED FROM PRISON WITH A SUBSTANCE
ABUSE DEPENDENCY BE REQUIRED TO UNDERGO A MANDATORY ALCOHOL OR SUBSTANCE
ABUSE TREATMENT PROGRAM. THE DEPARTMENT SHALL MAINTAIN A CURRENT LIST OF
REFERRAL SOURCES TO EFFECTUATE EACH TRANSITIONAL SERVICES PROGRAM WHICH
A. 6085 5
LIST SHALL BE UPDATED NO LESS THAN ANNUALLY. SUCH PREPARATION FOR REIN-
TEGRATION SHALL INCLUDE ASSISTANCE IN OBTAINING NECESSARY PERSONAL IDEN-
TIFICATION INFORMATION.
2. A. THE COMMISSIONER SHALL DESIGNATE STAFF AT EACH TRANSITIONAL
SERVICES PROGRAM TO PREPARE AND SUBMIT APPLICATIONS FOR MEDICAL ASSIST-
ANCE ESTABLISHED UNDER TITLES ELEVEN AND ELEVEN-D OF ARTICLE FIVE OF THE
SOCIAL SERVICES LAW, ON BEHALF OF EACH INMATE WHO WAS NOT RECEIVING SUCH
MEDICAL ASSISTANCE IMMEDIATELY BEFORE BEING ADMITTED TO THE CUSTODY OF
THE DEPARTMENT. SUCH APPLICATIONS SHALL BE SUBMITTED TO THE COMMISSIONER
OF HEALTH PURSUANT TO SUBDIVISION TWENTY-FOUR OF SECTION TWO HUNDRED SIX
OF THE PUBLIC HEALTH LAW AT LEAST FORTY-FIVE DAYS BEFORE THE ANTICIPATED
RELEASE, CONDITIONAL RELEASE OR DISCHARGE OF SUCH INMATES.
B. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, UPON RECEIPT OF
AN APPLICATION FOR MEDICAL ASSISTANCE FOR AN INMATE PURSUANT TO PARA-
GRAPH A OF THIS SUBDIVISION, THE COMMISSIONER OF HEALTH SHALL DETERMINE
THE ELIGIBILITY OF SUCH INMATE FOR ENROLLMENT IN THE MEDICAL ASSISTANCE
PROGRAM ESTABLISHED UNDER TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL
SERVICES LAW OR THE FAMILY HEALTH PLUS PROGRAM ESTABLISHED UNDER TITLE
ELEVEN-D OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW. SUCH DETERMINATION
SHALL BE BASED ON WHETHER THE INMATE, EXCEPT FOR HIS OR HER STATUS AS AN
INMATE, WOULD BE ELIGIBLE TO RECEIVE MEDICAL ASSISTANCE. ENROLLMENT IN
THE MEDICAL ASSISTANCE PROGRAM SHALL BE EFFECTIVE ON THE DATE AN ELIGI-
BLE INMATE IS RELEASED, CONDITIONALLY RELEASED OR DISCHARGED FROM THE
DEPARTMENT AND THE MEDICAL ASSISTANCE IDENTIFICATION CARD SHALL BE
PROVIDED TO THE INMATE UPON HIS OR HER RELEASE, CONDITIONAL RELEASE OR
DISCHARGE FROM THE DEPARTMENT.
C. THE DIVISION OF PAROLE SHALL ASSIST THE DEPARTMENT IN ANY MANNER
NECESSARY TO ASSURE THAT THE PURPOSES AND OBJECTIVES OF THIS SECTION ARE
EFFECTIVELY ACCOMPLISHED.
3. THE DEPARTMENT SHALL ESTABLISH TRANSITIONAL SERVICES PROGRAMS AT
ALL DEPARTMENT FACILITIES FROM WHICH INMATES ARE SCHEDULED TO BE
RELEASED FROM CONFINEMENT BY THE DEPARTMENT.
S 6. Subdivision 2-b of section 851 of the correction law, as added by
chapter 738 of the laws of 2004, is amended to read as follows:
2-b. When calculating in advance the date on which a person is or will
be eligible for release on parole or conditional release, for purposes
of determining eligibility for temporary release or for placement at an
alcohol and substance abuse treatment correctional annex, the commis-
sioner shall consider and include credit for all potential credits and
reductions including but not limited to merit time, ADDITIONAL MERIT
TIME and good behavior allowances. Nothing in this subdivision shall be
interpreted as precluding the consideration and inclusion of credit for
all potential credits and reductions including, but not limited to,
merit time, ADDITIONAL MERIT TIME and good behavior allowances when
calculating in advance for any other purpose the date on which a person
is or will be eligible for release on parole or conditional release.
S 7. Subdivision 1 of section 865 of the correction law, as amended by
chapter 738 of the laws of 2004, 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 [forty] FIFTY years, who (EXCEPT WITH RESPECT TO A
JUDICIALLY SENTENCED SHOCK INCARCERATION INMATE AS DEFINED IN SUBDIVI-
SION THREE OF THIS SECTION) has not previously been convicted of a felo-
ny upon which an indeterminate or determinate term of imprisonment was
A. 6085 6
imposed and who was between the ages of sixteen and [forty] FIFTY years
at the time of commission of the crime upon which his or her present
sentence was based [except, however, an eligible inmate shall not
include a person sentenced to a determinate sentence of three and one-
half years or more as a second felony drug offender pursuant to subdivi-
sion three of section 70.70 of the penal law for a conviction of a class
B felony offense defined in article two hundred twenty of the penal
law]. 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) manslaughter in the second
degree, vehicular manslaughter in the second degree, vehicular
manslaughter in the first degree, and criminally negligent homicide as
defined in article one hundred twenty-five of the penal law, (d) rape in
the second degree, rape in the third degree, criminal sexual act in the
second degree, criminal sexual act in the third degree, attempted sexual
abuse in the first degree, attempted rape in the second degree and
attempted criminal sexual act in the second degree as defined in arti-
cles one hundred ten and 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.
S 8. Subdivision 2 of section 865 of the correction law, as added by
chapter 261 of the laws of 1987, is amended to read as follows:
2. "Shock incarceration program" means a program pursuant to which
eligible inmates are selected [directly at reception centers] BY THE
SENTENCING COURT, PURSUANT TO SUBDIVISION THREE OF THIS SECTION, OR BY
THE DEPARTMENT to participate in the program and serve a period of six
months in a shock incarceration facility, which shall provide rigorous
physical activity, intensive regimentation and discipline and rehabili-
tation therapy and programming. INMATES SELECTED BY THE DEPARTMENT MAY
BE SELECTED EITHER: (I) AT A RECEPTION CENTER; OR (II) AT A GENERAL
CONFINEMENT FACILITY WHEN THE OTHERWISE ELIGIBLE INMATE THEN BECOMES
ELIGIBLE FOR RELEASE ON PAROLE WITHIN THREE YEARS IN THE CASE OF AN
INDETERMINATE TERM OF IMPRISONMENT, OR THEN BECOMES ELIGIBLE FOR CONDI-
TIONAL RELEASE WITHIN THREE YEARS IN THE CASE OF A DETERMINATE TERM OF
IMPRISONMENT.
S 9. Section 865 of the correction law is amended by adding a new
subdivision 3 to read as follows:
3. "JUDICIALLY SENTENCED SHOCK INCARCERATION INMATE" MEANS A PERSON,
OTHER THAN A PERSON WHO IS CHARGED WITH, SERVING A SENTENCE FOR, OR A
PERSON WITH A PREDICATE FELONY CONVICTION FOR AN OFFENSE DESCRIBED IN
SUBDIVISION FIVE OF SECTION 440.46 OF THE CRIMINAL PROCEDURE LAW,
CONVICTED OF A FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO
HUNDRED TWENTY-ONE OF THE PENAL LAW WHO, ON HIS OR HER MOTION, WAS FOUND
BY THE SENTENCING COURT TO BE AN "ELIGIBLE INMATE" AS DEFINED IN SUBDI-
VISION ONE OF THIS SECTION, AND SENTENCED BY SUCH COURT TO PARTICIPATE
IN A SHOCK INCARCERATION PROGRAM PURSUANT TO THIS ARTICLE.
S 10. Section 867 of the correction law is amended by adding a new
subdivision 2-a to read as follows:
2-A. SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL NOT APPLY TO A
JUDICIALLY SENTENCED SHOCK INCARCERATION INMATE. NOTWITHSTANDING SUBDI-
VISION FIVE OF THIS SECTION, A JUDICIALLY SENTENCED SHOCK INCARCERATION
INMATE SHALL PROMPTLY COMMENCE PARTICIPATION IN THE PROGRAM. EACH JUDI-
CIALLY SENTENCED SHOCK INCARCERATION INMATE DETERMINED TO BE IN NEED OF
SUBSTANCE ABUSE TREATMENT SHALL BE REQUIRED TO UNDERGO A SUBSTANCE ABUSE
TREATMENT PROGRAM WHILE PARTICIPATING IN THE SHOCK INCARCERATION
A. 6085 7
PROGRAM. SUCH PROGRAM SHALL COMPLY WITH THE REQUIREMENTS OF PARAGRAPH
(B) OF SUBDIVISION SEVENTEEN OF SECTION TWO OF THIS CHAPTER. EACH JUDI-
CIALLY SENTENCED SHOCK INCARCERATION INMATE DETERMINED TO BE IN NEED OF
SUBSTANCE ABUSE TREATMENT SHALL ALSO BE REQUIRED TO UNDERGO AN ADDI-
TIONAL YEAR-LONG SUBSTANCE ABUSE TREATMENT PROGRAM FOLLOWING RELEASE
FROM SUCH SHOCK INCARCERATION PROGRAM, IN ACCORDANCE WITH THE REQUIRE-
MENTS OF THIS CHAPTER.
S 11. Section 1.20 of the criminal procedure law is amended by adding
a new subdivision 44 to read as follows:
44. "DIVERSION PROGRAM" MEANS AN ALCOHOL OR SUBSTANCE ABUSE PROGRAM
LICENSED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES OR AN
INTERVENTION PROGRAM APPROVED BY THE COURT AFTER CONSULTATION WITH THE
LOCAL PROBATION DEPARTMENT HAVING JURISDICTION, OR SUCH OTHER PUBLIC OR
PRIVATE AGENCY AS THE COURT DETERMINES TO BE APPROPRIATE.
S 12. Subdivision 4 of section 170.15 of the criminal procedure law,
as amended by chapter 67 of the laws of 2000, is amended to read as
follows:
4. Notwithstanding any provision of this section to the contrary, in
any county outside a city having a population of one million or more,
upon or after arraignment of a defendant on an information, a simplified
information, a prosecutor's information or a misdemeanor complaint pend-
ing in a local criminal court, such court may, upon motion of the
defendant, and with the consent of the district attorney (EXCEPT THAT
SUCH CONSENT SHALL NOT BE REQUIRED WHEN THE DEFENDANT IS CHARGED WITH AN
OFFENSE OR OFFENSES DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED
TWENTY-ONE OF THE PENAL LAW OTHER THAN A CLASS A FELONY, STANDS CHARGED
WITH NO OTHER FELONY CRIME OR CRIMES, AND IS NOT CHARGED WITH, SERVING A
SENTENCE FOR, OR A PERSON WITH A PREDICATE FELONY CONVICTION FOR AN
OFFENSE DESCRIBED IN SUBDIVISION FIVE OF SECTION 440.46 OF THIS
CHAPTER), order that the action be removed from the court in which the
matter is pending to another local criminal court in the same county
which has been designated a drug court by the chief administrator of the
courts, and such drug court may then conduct such action to [judgement]
JUDGMENT or other final disposition; provided, however, that an order of
removal issued under this subdivision shall not take effect until five
days after the date the order is issued unless, prior to such effective
date, the drug court notifies the court that issued the order that:
(a) it will not accept the action, in which event the order shall not
take effect, or
(b) it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.
Upon providing notification pursuant to paragraph (a) or (b) of this
subdivision, the drug court shall promptly give notice to the defendant,
his or her counsel and the district attorney.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ACTION THAT MAY BE
REMOVED PURSUANT TO THIS SUBDIVISION MAY BE REMOVED TO A SUPERIOR COURT
JUDGE SITTING AS A LOCAL CRIMINAL COURT AND SUCH JUDGE MAY THEN CONDUCT
SUCH ACTION TO JUDGMENT OR OTHER FINAL DISPOSITION.
S 13. Section 170.40 of the criminal procedure law is amended by
adding a new subdivision 1-a to read as follows:
1-A. EXCEPT IN THE CASE OF A PERSON WHO IS CHARGED WITH, SERVING A
SENTENCE FOR, OR A PERSON WITH A PREDICATE FELONY CONVICTION FOR AN
OFFENSE DESCRIBED IN SUBDIVISION FIVE OF SECTION 440.46 OF THIS CHAPTER,
THE SUCCESSFUL COMPLETION OF A DIVERSION PROGRAM BY A PERSON WHO STANDS
CHARGED IN AN ACCUSATORY INSTRUMENT OR A COUNT THEREOF WITH A VIOLATION
OF ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL
A. 6085 8
LAW, OR WITH A VIOLATION OF PROBATION IMPOSED AS A SENTENCE FOR SUCH
OFFENSE, MAY, IN AND OF ITSELF, CONSTITUTE A COMPELLING FACTOR, CONSID-
ERATION OR CIRCUMSTANCE DEMONSTRATING THAT CONVICTION OR PROSECUTION OF
THE DEFENDANT UPON SUCH CHARGE IN SUCH ACCUSATORY INSTRUMENT OR COUNT
WOULD CONSTITUTE OR RESULT IN INJUSTICE. IN CONSIDERING WHETHER TO GRANT
A MOTION TO DISMISS UNDER SUCH CIRCUMSTANCES, THE COURT SHALL ALSO, TO
THE EXTENT APPLICABLE, EXAMINE AND CONSIDER THE FACTORS SET FORTH IN
PARAGRAPHS (A) THROUGH (J) OF SUBDIVISION ONE OF THIS SECTION.
S 14. Subdivision 3 of section 180.20 of the criminal procedure law,
as amended by chapter 67 of the laws of 2000, is amended to read as
follows:
3. Notwithstanding any provision of this section to the contrary, in
any county outside a city having a population of one million or more,
upon or after arraignment of a defendant on a felony complaint pending
in a local criminal court having preliminary jurisdiction thereof, such
court may, upon motion of the defendant, and with the consent of the
district attorney (EXCEPT THAT SUCH CONSENT SHALL NOT BE REQUIRED WHEN
THE DEFENDANT IS CHARGED WITH AN OFFENSE OR OFFENSES DEFINED IN ARTICLE
TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW OTHER THAN
A CLASS A FELONY, IS CHARGED WITH NO OTHER FELONY CRIME OR CRIMES, AND
IS NOT CHARGED WITH, SERVING A SENTENCE FOR, OR A PERSON WITH A PREDI-
CATE FELONY CONVICTION FOR AN OFFENSE DESCRIBED IN SUBDIVISION FIVE OF
SECTION 440.46 OF THIS CHAPTER), order that the action be removed from
the court in which the matter is pending to another local criminal court
in the same county which has been designated a drug court by the chief
administrator of the courts, and such drug court may then dispose of
such felony complaint pursuant to this article; provided, however, that
an order of removal issued under this subdivision shall not take effect
until five days after the date the order is issued unless, prior to such
effective date, the drug court notifies the court that issued the order
that:
(a) it will not accept the action, in which event the order shall not
take effect, or
(b) it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.
Upon providing notification pursuant to paragraph (a) or (b) of this
subdivision, the drug court shall promptly give notice to the defendant,
his or her counsel and the district attorney.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ACTION THAT MAY BE
REMOVED PURSUANT TO THIS SUBDIVISION MAY BE REMOVED TO A SUPERIOR COURT
JUDGE SITTING AS A LOCAL CRIMINAL COURT AND SUCH JUDGE MAY THEN DISPOSE
OF SUCH FELONY COMPLAINT PURSUANT TO THIS ARTICLE.
S 15. Section 210.40 of the criminal procedure law is amended by
adding a new subdivision 1-a to read as follows:
1-A. EXCEPT IN THE CASE OF A PERSON WHO IS CHARGED WITH, SERVING A
SENTENCE FOR, OR A PERSON WITH A PREDICATE FELONY CONVICTION FOR AN
OFFENSE DESCRIBED IN SUBDIVISION FIVE OF SECTION 440.46 OF THIS CHAPTER,
THE SUCCESSFUL COMPLETION OF A DIVERSION PROGRAM BY A PERSON WHO STANDS
CHARGED IN AN ACCUSATORY INSTRUMENT OR A COUNT THEREOF WITH A VIOLATION
OF ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL
LAW, OR WITH A SPECIFIED OFFENSE OR OFFENSES, AS DEFINED IN SUBDIVISION
FIVE OF SECTION 410.91 OF THIS CHAPTER, OR WITH A VIOLATION OF PROBATION
IMPOSED AS A SENTENCE FOR SUCH OFFENSE, MAY, IN AND OF ITSELF, CONSTI-
TUTE A COMPELLING FACTOR, CONSIDERATION OR CIRCUMSTANCE DEMONSTRATING
THAT CONVICTION OR PROSECUTION OF THE DEFENDANT UPON SUCH CHARGE IN SUCH
ACCUSATORY INSTRUMENT OR COUNT WOULD CONSTITUTE OR RESULT IN INJUSTICE.
A. 6085 9
IN CONSIDERING WHETHER TO GRANT A MOTION TO DISMISS UNDER SUCH CIRCUM-
STANCES, THE COURT SHALL ALSO, TO THE EXTENT APPLICABLE, EXAMINE AND
CONSIDER THE FACTORS SET FORTH IN PARAGRAPHS (A) THROUGH (J) OF SUBDIVI-
SION ONE OF THIS SECTION.
S 16. Subparagraph (i) of paragraph (b) of subdivision 3 of section
220.30 of the criminal procedure law, as amended by chapter 410 of the
laws of 1979, is amended to read as follows:
(i) A plea of guilty, whether to the entire indictment or to part of
the indictment for any crime other than a class [A] B OR HIGHER felony,
may not be accepted on the condition that it constitutes a complete
disposition of one or more other indictments against the defendant wher-
ein is charged a class [A-I] A felony as defined in article two hundred
twenty of the penal law or the attempt to commit any such class [A-I] A
felony, except that an eligible youth, as defined in subdivision two of
section 720.10 OF THIS CHAPTER, may plea to a class B felony, upon
consent of the district attorney, for purposes of adjudication as a
youthful offender.
S 17. The criminal procedure law is amended by adding a new section
255.30 to read as follows:
S 255.30 MOTION FOR ALCOHOL OR SUBSTANCE ABUSE ASSESSMENT.
AT ANY TIME AFTER ARRAIGNMENT, THE COURT, UPON APPLICATION OF A
DEFENDANT CHARGED WITH A FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OF
THE PENAL LAW, MAY ORDER AN ALCOHOL OR SUBSTANCE ABUSE ASSESSMENT OF THE
DEFENDANT, CONDUCTED BY AN APPROPRIATE PROFESSIONAL OR COUNSELOR. AT
ANY TIME AFTER ARRAIGNMENT AND BEFORE ANNOUNCEMENT OF A VERDICT OR
ACCEPTANCE OF A GUILTY PLEA CONCERNING ALL FELONY CHARGES BEFORE THE
COURT, THE COURT, UPON APPLICATION OF THE PEOPLE, MAY ORDER AN ALCOHOL
OR SUBSTANCE ABUSE ASSESSMENT, CONDUCTED BY AN INDEPENDENT PROFESSIONAL
OR COUNSELOR, OF A DEFENDANT CHARGED WITH A FELONY DEFINED IN ARTICLE
TWO HUNDRED TWENTY OF THE PENAL LAW WHEN, FOLLOWING A HEARING OR COUN-
SELED WAIVER THEREOF, THE COURT DETERMINES THAT THERE EXISTS PROBABLE
CAUSE TO BELIEVE THE DEFENDANT HAS AN ALCOHOL OR SUBSTANCE ABUSE DEPEND-
ENCY. SUCH ASSESSMENT SHALL BE CONDUCTED BY A LICENSED HEALTH CARE
PROFESSIONAL EXPERIENCED IN THE TREATMENT OF ALCOHOL AND SUBSTANCE
ABUSE, OR BY AN ADDICTION AND SUBSTANCE ABUSE COUNSELOR CREDENTIALED BY
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, PURSUANT TO
SECTION 19.07 OF THE MENTAL HYGIENE LAW.
S 18. Subdivision 4 of section 410.91 of the criminal procedure law is
REPEALED, subdivisions 5 and 7, as added by chapter 3 of the laws of
1995, are amended and a new subdivision 4 is added to read as follows:
4. IF A DEFENDANT CONVICTED OF AN OFFENSE IN VIOLATION OF ARTICLE TWO
HUNDRED TWENTY OF THE PENAL LAW IS SENTENCED TO PAROLE SUPERVISION
PURSUANT TO THIS SECTION, THAT SENTENCE MUST INCLUDE ONE YEAR, EXCLUSIVE
OF THE NINETY DAYS SPENT AT A DRUG TREATMENT CAMPUS, IN A SUBSTANCE
ABUSE TREATMENT PROGRAM LICENSED BY THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES. SUCH PROGRAM SHALL INCLUDE PERIODIC URINALY-
SIS.
5. For the purposes of this section, a "specified offense" is an
offense defined by any of the following provisions of the penal law:
criminal mischief in the third degree as defined in section 145.05,
criminal mischief in the second degree as defined in section 145.10,
grand larceny in the fourth degree as defined in subdivision one, two,
three, four, five, six, eight, nine or ten of section 155.30, grand
larceny in the third degree as defined in section 155.35 (except where
the property consists of one or more firearms, rifles or shotguns),
unauthorized use of a vehicle in the second degree as defined in section
A. 6085 10
165.06, criminal possession of stolen property in the fourth degree as
defined in subdivision one, two, three, five or six of section 165.45,
criminal possession of stolen property in the third degree as defined in
section 165.50 (except where the property consists of one or more
firearms, rifles or shotguns), forgery in the second degree as defined
in section 170.10, criminal possession of a forged instrument in the
second degree as defined in section 170.25, unlawfully using slugs in
the first degree as defined in section 170.60, or an attempt to commit
any of the aforementioned offenses if such attempt constitutes a felony
offense; or [any] A class B, C, D, or [class] E controlled substance or
marihuana felony offense as defined in article two hundred twenty or two
hundred twenty-one.
7. Upon completion of the drug treatment program at the drug treatment
campus, a parolee will be furnished with money, clothing and transporta-
tion in a manner consistent with section one hundred twenty-five of the
correction law to [permit] ASSURE the parolee's travel from the drug
treatment campus to the county in which the parolee's supervision will
continue. SUCH SUPERVISION SHALL INCLUDE PARTICIPATION IN A SUBSTANCE
ABUSE TREATMENT PROGRAM, AS SPECIFIED IN SUBDIVISION FOUR OF THIS
SECTION, AND PERIODIC URINALYSIS.
S 19. The criminal procedure law is amended by adding a new section
440.46 to read as follows:
S 440.46 MOTION FOR RESENTENCE; CERTAIN CLASS B FELONY CONTROLLED
SUBSTANCE AND CONTROLLED SUBSTANCE CONSPIRACY OFFENDERS.
1. ANY PERSON IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONAL
SERVICES WHO STANDS CONVICTED OF A CLASS B FELONY OFFENSE DEFINED IN
ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW WHICH WAS COMMITTED PRIOR TO
JANUARY THIRTEENTH, TWO THOUSAND FIVE, WHO IS SERVING AN INDETERMINATE
SENTENCE WITH A MAXIMUM TERM OF MORE THAN THREE YEARS, MAY, EXCEPT AS
PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, UPON NOTICE TO THE APPRO-
PRIATE DISTRICT ATTORNEY, APPLY TO BE RESENTENCED IN ACCORDANCE WITH
SECTIONS 60.04 AND 70.70 OF THE PENAL LAW IN THE COURT WHICH IMPOSED THE
SENTENCE.
2. ANY PERSON IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONAL
SERVICES WHO STANDS CONVICTED OF A FELONY DEFINED IN SECTION 105.15 OF
THE PENAL LAW IN WHICH THE UNDERLYING CONDUCT CONSTITUTES A CLASS A
FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW, WHICH WAS
COMMITTED PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND NINE WHICH ADDED THIS SUBDIVISION, MAY, EXCEPT AS PROVIDED IN
SUBDIVISION FIVE OF THIS SECTION, UPON NOTICE TO THE APPROPRIATE
DISTRICT ATTORNEY, MOVE TO BE RESENTENCED IN ACCORDANCE WITH, AS APPRO-
PRIATE, SECTIONS 60.04 AND 70.70 OF THE PENAL LAW IN THE COURT WHICH
IMPOSED THE SENTENCE.
3. ANY PERSON IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONAL
SERVICES WHO HAS BEEN RESENTENCED, OR IS ELIGIBLE TO BE RESENTENCED,
PURSUANT TO THIS SECTION, SECTION TWENTY-THREE OF CHAPTER SEVEN HUNDRED
THIRTY-EIGHT OF THE LAWS OF TWO THOUSAND FOUR AND/OR SECTION ONE OF
CHAPTER SIX HUNDRED FORTY-THREE OF THE LAWS OF TWO THOUSAND FIVE MAY
ALSO, UPON NOTICE TO THE APPROPRIATE DISTRICT ATTORNEY, MOVE TO BE
RESENTENCED TO A DETERMINATE SENTENCE IN ACCORDANCE WITH SECTION 70.70
OF THE PENAL LAW FOR ANY ONE OR MORE CLASS C, D OR E FELONY OFFENSES
DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE
PENAL LAW FOR WHICH THE PERSON IS SERVING AN INDETERMINATE SENTENCE. IF
THE CLASS C, D OR E FELONY SENTENCE WITH RESPECT TO WHICH SUCH MOTION IS
MADE WAS IMPOSED BY A COURT IN ANOTHER COUNTY, AND THE COURT BEFORE
WHICH THE MOTION IS MADE DOES NOT HAVE JURISDICTION TO RESENTENCE THE
A. 6085 11
PERSON, THEN THE COURT SHALL TRANSFER THE REQUEST FOR RESENTENCING ON
SUCH CLASS C, D OR E FELONY CONVICTION TO THE COURT THAT IMPOSED THE
SENTENCE FOR SUCH CONVICTION.
4. THE PROVISIONS OF SECTION TWENTY-ONE OF CHAPTER SEVEN HUNDRED THIR-
TY-EIGHT OF THE LAWS OF TWO THOUSAND FOUR SHALL GOVERN THE PROCEEDINGS
ON AND DETERMINATION OF A MOTION BROUGHT PURSUANT TO THIS SECTION.
SUBDIVISION ONE OF SECTION SEVEN HUNDRED SEVENTEEN AND SUBDIVISION FOUR
OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW AND THE RELATED
PROVISIONS OF ARTICLE EIGHTEEN-A AND EIGHTEEN-B OF SUCH LAW SHALL APPLY
TO THE PREPARATION OF AND PROCEEDINGS ON MOTIONS PURSUANT TO THIS
SECTION, INCLUDING ANY APPEALS.
5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO IS
SERVING A SENTENCE FOR OR HAS A PREDICATE FELONY CONVICTION FOR AN
EXCLUSION OFFENSE. FOR PURPOSES OF THIS SUBDIVISION, AN "EXCLUSION
OFFENSE" IS:
A. A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL
LAW OR OFFENSE FOR WHICH A MERIT TIME ALLOWANCE MAY NOT BE RECEIVED
TOWARD THE SENTENCE PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION EIGHT HUNDRED THREE OF THE CORRECTION LAW; PROVIDED, HOWEVER,
THAT UPON A DETERMINATION BY THE COURT FOLLOWING A HEARING THAT (1) THE
DEFENDANT WAS SUBJECTED TO SUBSTANTIAL PHYSICAL, SEXUAL OR PSYCHOLOGICAL
ABUSE; (2) THE ABUSE WAS INFLICTED BY A MEMBER OF THE DEFENDANT'S SAME
FAMILY OR HOUSEHOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION 530.11 OF THIS CHAPTER OR A MEMBER OF THE PERSON'S IMMEDIATE
FAMILY AS THAT TERM IS DEFINED IN SUBDIVISION FOUR OF SECTION 120.40 OF
THE PENAL LAW; AND (3) THE ABUSE WAS A SUBSTANTIAL FACTOR IN CAUSING THE
DEFENDANT TO COMMIT SUCH OFFENSE, THIS SUBDIVISION SHALL NOT APPLY TO
SUCH DEFENDANT;
B. A FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO
HUNDRED TWENTY-ONE OF THE PENAL LAW IN WHICH THE DEFENDANT, BEING TWEN-
TY-ONE YEARS OF AGE OR MORE, SOLD OR ATTEMPTED TO SELL A CONTROLLED
SUBSTANCE TO A PERSON UNDER AGE EIGHTEEN; OR
C. (1) USE OF A CHILD TO COMMIT A CONTROLLED SUBSTANCE OFFENSE AS
DEFINED IN SECTION 220.28 OF THE PENAL LAW; (2) CRIMINAL SALE OF A
CONTROLLED SUBSTANCE TO A CHILD AS DEFINED IN SECTION 220.48 OF THE
PENAL LAW; (3) CRIMINAL SALE OF A CONTROLLED SUBSTANCE AS DEFINED IN
SUBDIVISION SEVEN OR EIGHT OF SECTION 220.34 OF THE PENAL LAW, WHERE
SUCH SALE TOOK PLACE, RESPECTIVELY, ON SCHOOL GROUNDS AS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL
LAW; (4) CRIMINAL SALE OF A CONTROLLED SUBSTANCE AS DEFINED IN SECTION
220.44 OF THE PENAL LAW, WHERE SUCH SALE TOOK PLACE ON THE GROUNDS OF A
CHILD DAY CARE OR EDUCATIONAL FACILITY AS DEFINED IN PARAGRAPH (A) OF
SUBDIVISION FIVE OF SUCH SECTION 220.44; OR (5) TRAFFICKING THROUGH A
CONTROLLED SUBSTANCE ORGANIZATION AS DEFINED IN SECTION 220.68 OF THE
PENAL LAW.
S 20. Paragraph (c) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 394 of the laws of 2005, is amended
to read as follows:
(c) Criminal possession of a controlled substance in the seventh
degree as defined in section 220.03 of the penal law, criminal
possession of a controlled substance in the fifth degree as defined in
section 220.06 of the penal law, criminal possession of a controlled
substance in the fourth degree as defined in section 220.09 of the penal
law, criminal possession of a controlled substance in the third degree
as defined in section 220.16 of the penal law, criminal possession of a
controlled substance in the second degree as defined in section 220.18
A. 6085 12
of the penal law, criminal possession of a controlled substance in the
first degree as defined in section 220.21 of the penal law, criminal
sale of a controlled substance in the fifth degree as defined in section
220.31 of the penal law, criminal sale of a controlled substance in the
fourth degree as defined in section 220.34 of the penal law, criminal
sale of a controlled substance in the third degree as defined in section
220.39 of the penal law, criminal sale of a controlled substance in the
second degree as defined in section 220.41 of the penal law, criminal
sale of a controlled substance in the first degree as defined in section
220.43 of the penal law, criminally possessing a hypodermic instrument
as defined in section 220.45 of the penal law, CRIMINAL SALE OF A
CONTROLLED SUBSTANCE TO A CHILD AS DEFINED IN SECTION 220.48 OF THE
PENAL LAW, TRAFFICKING THROUGH A CONTROLLED SUBSTANCE ORGANIZATION AS
DEFINED IN SECTION 220.68 OF THE PENAL LAW, criminal possession of meth-
amphetamine manufacturing material in the second degree as defined in
section 220.70 of the penal law, criminal possession of methamphetamine
manufacturing material in the first degree as defined in section 220.71
of the penal law, criminal possession of precursors of methamphetamine
as defined in section 220.72 of the penal law, unlawful manufacture of
methamphetamine in the third degree as defined in section 220.73 of the
penal law, unlawful manufacture of methamphetamine in the second degree
as defined in section 220.74 of the penal law, unlawful manufacture of
methamphetamine in the first degree as defined in section 220.75 of the
penal law, unlawful disposal of methamphetamine laboratory material as
defined in section 220.76 of the penal law, criminal possession of mari-
huana in the first degree as defined in section 221.30 of the penal law,
criminal sale of marihuana in the first degree as defined in section
221.55 of the penal law, promoting gambling in the second degree as
defined in section 225.05 of the penal law, promoting gambling in the
first degree as defined in section 225.10 of the penal law, possession
of gambling records in the second degree as defined in section 225.15 of
the penal law, possession of gambling records in the first degree as
defined in section 225.20 of the penal law, [and] possession of a gambl-
ing device as defined in section 225.30 of the penal law AND CRIMINAL
POSSESSION OF A WEAPON WHILE SELLING OR ATTEMPTING TO SELL A CONTROLLED
SUBSTANCE AS DEFINED IN SECTION 265.18 OF THE PENAL LAW;
S 21. The criminal procedure law is amended by adding a new section
160.65 to read as follows:
S 160.65 PETITION TO CONDITIONALLY SEAL A CONVICTION FOR CERTAIN
CONTROLLED SUBSTANCE OR MARIJUANA OFFENSES.
1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL MEAN AS FOLLOWS:
(A) "ELIGIBLE FELONY" SHALL BE A FELONY OFFENSE DEFINED IN ARTICLE TWO
HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, OTHER THAN A
CLASS A FELONY OFFENSE OR AN OFFENSE DEFINED IN PARAGRAPH (B) OR (C) OF
SUBDIVISION FIVE OF SECTION 440.46 OF THIS CHAPTER; AND
(B) "ELIGIBLE MISDEMEANOR" SHALL BE A MISDEMEANOR OFFENSE DEFINED IN
ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW.
2. A PERSON HAVING A CONVICTION FOR NO MORE THAN ONE ELIGIBLE FELONY,
WHO DOES NOT STAND CONVICTED OF ANY OTHER FELONY OR ANY OFFENSE FOR
WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO SUBDIVISION
TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW,
MAY PETITION FOR THE RECORD OF SUCH ELIGIBLE FELONY AND/OR NO MORE THAN
THREE ELIGIBLE MISDEMEANORS TO BE CONDITIONALLY SEALED:
(A) UPON THE PERSON'S COMPLETION OF THE SENTENCE, AND ANY PERIOD OF
POST-RELEASE SUPERVISION WHERE APPLICABLE, ON AN ELIGIBLE FELONY,
A. 6085 13
PROVIDED THAT SUCH PERSON HAS COMPLETED A SUBSTANCE ABUSE TREATMENT
PROGRAM;
(B) UPON COMPLETION OF A SENTENCE ON AN ELIGIBLE MISDEMEANOR;
(C) TWO YEARS OR MORE AFTER THE COMPLETION OF A SENTENCE, AND ANY
PERIOD OF POST-RELEASE SUPERVISION WHERE APPLICABLE, ON A CLASS D OR E
ELIGIBLE FELONY, PROVIDED THAT SUCH PERSON HAS NOT BEEN CONVICTED OF ANY
CRIME FOR THE LAST TWO YEARS; OR
(D) FOUR YEARS OR MORE AFTER THE COMPLETION OF A SENTENCE, AND ANY
PERIOD OF POST-RELEASE SUPERVISION WHERE APPLICABLE, ON A CLASS B OR C
ELIGIBLE FELONY, PROVIDED THAT SUCH PERSON HAS NOT BEEN CONVICTED OF ANY
CRIME FOR THE LAST FOUR YEARS.
3. A PETITION AUTHORIZED BY THIS SECTION SHALL INCLUDE:
(A) IDENTIFICATION OF THE CONVICTION OR CONVICTIONS FOR WHICH THE
PETITIONER IS SEEKING RELIEF;
(B) DOCUMENTATION THAT THE SENTENCE IMPOSED ON THE CONVICTION OR
CONVICTIONS HAS BEEN COMPLETED AND DATE OF COMPLETION, OR IF SUCH
DOCUMENTATION IS NOT REASONABLY AVAILABLE, A SWORN AFFIDAVIT THAT THE
SENTENCE IMPOSED ON THE CONVICTION OR CONVICTIONS HAS BEEN COMPLETED AND
DATE OF COMPLETION;
(C) FOR PETITIONS FILED UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION, EVIDENCE THAT THE PETITIONER COMPLETED A SUBSTANCE ABUSE TREAT-
MENT PROGRAM AND THAT THE PETITIONER IS NOT DEPENDENT ON ALCOHOL OR A
CONTROLLED SUBSTANCE EXCEPT AS PRESCRIBED BY A MEDICAL PRACTITIONER;
(D) A SWORN AFFIDAVIT THAT NO CRIMINAL CHARGES ARE PENDING AGAINST THE
PETITIONER, THAT THE PETITIONER HAS BEEN CONVICTED OF NO FELONY, OR NO
MORE THAN ONE ELIGIBLE FELONY, AND DOES NOT STAND CONVICTED OF ANY OTHER
FELONY OR ANY OFFENSE FOR WHICH REGISTRATION AS A SEX OFFENDER IS
REQUIRED PURSUANT TO SUBDIVISION TWO OR THREE OF SECTION ONE HUNDRED
SIXTY-EIGHT-A OF THE CORRECTION LAW; AND
(E) ANY OTHER SUPPORTING MATERIALS THAT WOULD ASSIST THE COURT IN
DETERMINING WHETHER IT WOULD BE IN THE INTEREST OF JUSTICE TO GRANT THE
PETITION.
4. THE PETITION AUTHORIZED BY THIS SECTION SHALL BE FILED AS FOLLOWS:
(A) WHERE THE RECORDS SOUGHT TO BE CONDITIONALLY SEALED INCLUDE AN
ELIGIBLE FELONY, THE PETITION SHALL BE FILED IN THE COURT OF RECORD THAT
IMPOSED SENTENCE UPON THE PETITIONER FOR SUCH ELIGIBLE FELONY;
(B) WHERE THE RECORDS SOUGHT TO BE CONDITIONALLY SEALED INCLUDE ONLY
AN ELIGIBLE MISDEMEANOR OR ELIGIBLE MISDEMEANORS, THE PETITION SHALL BE
FILED IN THE COURT THAT LAST IMPOSED A SENTENCE UPON PETITIONER FOR AN
ELIGIBLE MISDEMEANOR.
(C) THE PETITIONER SHALL NOTIFY AND SERVE A COPY OF THE PETITION ON
THE DISTRICT ATTORNEY OF EACH JURISDICTION IN WHICH THE PETITIONER WAS
CONVICTED OF A CRIME WITHIN TEN DAYS OF THE DATE THE PETITION WAS FILED.
THE DISTRICT ATTORNEY, WITHIN THIRTY DAYS OF RECEIVING NOTICE OF THE
PETITION, MAY SERVE AND SUBMIT MATERIALS IN SUPPORT OF THE PETITION OR
TO DEMONSTRATE THAT THE INTEREST OF JUSTICE WOULD NOT BE SERVED BY
GRANTING THE PETITION.
(D) UPON THE FILING OF A PETITION, THE SENTENCING COURT SHALL REQUEST
FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES A COPY OF THE
PETITIONER'S CURRENT CRIMINAL HISTORY RECORD, INCLUDING ANY SEALED
CONVICTION INFORMATION. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM THE FEDERAL BUREAU
OF INVESTIGATION REGARDING CONVICTIONS THAT OCCURRED IN OTHER JURISDIC-
TIONS. THE DIVISION IS HEREBY AUTHORIZED TO RECEIVE SUCH INFORMATION
FROM THE FEDERAL BUREAU OF INVESTIGATION FOR THIS PURPOSE. THE PARTIES
SHALL BE PERMITTED TO EXAMINE THESE RECORDS.
A. 6085 14
5. UPON REQUEST OF THE PETITIONER OR A DISTRICT ATTORNEY OF A JURIS-
DICTION WHERE THE PETITIONER WAS CONVICTED OF A CRIME, THE COURT SHALL
CONDUCT A HEARING ON THE PETITION. SUCH HEARING SHALL BE CONDUCTED WITH-
IN NINETY DAYS OF THE DATE THE PETITION WAS FILED UNLESS THE PARTIES
CONSENT TO A LONGER PERIOD.
6. (A) THE SENTENCING COURT SHALL DETERMINE WHETHER THE PETITIONER IS
ELIGIBLE AND HAS DEMONSTRATED, BY A PREPONDERANCE OF THE EVIDENCE, THAT
IT WOULD BE IN THE INTEREST OF JUSTICE TO GRANT THE PETITION. IN MAKING
ITS DETERMINATION, THE COURT SHALL CONSIDER THE FOLLOWING FACTORS:
(I) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE OR OFFENSES THAT
RESULTED IN THE CONVICTION OR CONVICTIONS;
(II) THE CHARACTER OF THE PETITIONER, INCLUDING EVIDENCE THAT THE
PETITIONER PARTICIPATED IN AND SUCCESSFULLY COMPLETED ALCOHOL OR
SUBSTANCE ABUSE TREATMENT OR OTHERWISE ADDRESSED A HISTORY OF ALCOHOL OR
SUBSTANCE ABUSE OR CHEMICAL DEPENDENCE;
(III) THE CRIMINAL HISTORY OF THE PETITIONER;
(IV) THE IMPACT OF GRANTING THE PETITION UPON THE REHABILITATION OF
THE PETITIONER AND HIS OR HER SUCCESSFUL AND PRODUCTIVE REENTRY AND
REINTEGRATION INTO SOCIETY, AND ON PUBLIC SAFETY; AND
(V) ANY OTHER RELEVANT FACTORS.
(B) THE SENTENCING COURT SHALL MAKE A DETERMINATION ON THE PETITION
FOLLOWING THE CONCLUSION OF THE HEARING CONDUCTED PURSUANT TO SUBDIVI-
SION FIVE OF THIS SECTION, OR, WHERE NO HEARING IS CONDUCTED, WITHIN
NINETY DAYS OF THE DATE THE PETITION WAS FILED AND SHALL STATE IN WRIT-
ING THE REASONS FOR ITS DETERMINATION.
(C) UPON THE GRANTING OF A PETITION, THE SENTENCING COURT SHALL ISSUE
A CONDITIONAL SEALING ORDER AND PROMPTLY NOTIFY IN WRITING THE PETITION-
ER, THE DISTRICT ATTORNEY OF EACH JURISDICTION IN WHICH THE PETITIONER
WAS CONVICTED OF A CRIME, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES.
THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL NOTIFY THE CLERK OF THE
COURT WHERE SUCH ACTIONS OR PROCEEDINGS SHALL BE SEALED, THE HEADS OF
ALL APPROPRIATE POLICE DEPARTMENTS AND OTHER LAW ENFORCEMENT AGENCIES OF
THE CONDITIONAL SEALING ORDER. UPON SUCH NOTIFICATION, RECORDS SHALL BE
SEALED IN A MANNER CONSISTENT WITH SECTION 160.50 OF THIS ARTICLE. THE
SENTENCING COURT SHALL ALSO NOTIFY THE PETITIONER THAT ANY SUBSEQUENT
CHARGE FOR ANY MISDEMEANOR OR FELONY SHALL CONDITIONALLY UNSEAL THE
RECORD OF THE CONVICTION OR CONVICTIONS AND THAT IF SUCH CHARGE RESULTS
IN A CONVICTION FOR A CRIME, THE CONDITIONAL SEALING ORDER WILL BE AUTO-
MATICALLY VACATED.
(D) IF THE PETITION IS DENIED, THE SENTENCING COURT SHALL PROMPTLY
NOTIFY IN WRITING THE PETITIONER AND ANY DISTRICT ATTORNEY WHO SUBMITTED
MATERIALS PURSUANT TO THIS SUBDIVISION. THE PETITIONER MAY FILE A NEW
PETITION PURSUANT TO THIS SECTION NO LESS THAN TWO YEARS AFTER SUCH
DENIAL.
7. IN THE EVENT THAT A PERSON WHO HAS HAD A RECORD CONDITIONALLY
SEALED UNDER THIS SECTION IS SUBSEQUENTLY CHARGED WITH A CRIME, THE
RECORDS RELATING TO THE CONVICTION OR CONVICTIONS SHALL BE CONDITIONALLY
UNSEALED PENDING THE FINAL DISPOSITION OF THE CHARGE. IF SUCH CHARGE
RESULTS IN A CONVICTION OF A CRIME, THE CONDITIONAL SEALING ORDER SHALL
BE DEEMED AUTOMATICALLY VACATED. THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND ANY OTHER ENTITY SUBJECT TO SUCH ORDER SHALL UNSEAL ANY
RECORDS THAT HAD BEEN SEALED BY VIRTUE OF THIS SECTION. ALL RECORDS
UNSEALED PURSUANT TO THIS SUBDIVISION SHALL BE RESTORED TO THEIR
ORIGINAL STATUS AND TREATED AS THOUGH THE CONDITIONAL SEALING ORDER HAD
NOT BEEN ENTERED. IF SUCH SUBSEQUENT CHARGE RESULTS IN PROCEEDINGS THAT
ARE TERMINATED IN FAVOR OF THE ACCUSED AS DESCRIBED IN SUBDIVISION THREE
A. 6085 15
OF SECTION 160.50 OF THIS ARTICLE OR BY CONVICTION FOR A NONCRIMINAL
OFFENSE AS DESCRIBED IN SECTION 160.55 OF THIS ARTICLE, THE ORIGINAL
CONDITIONAL SEALING ORDER SHALL BE RESTORED TO FULL EFFECT. THE COURT
HEARING SUCH SUBSEQUENT CHARGE SHALL THEN ISSUE AN ORDER CONSISTENT WITH
PARAGRAPH (C) OF SUBDIVISION SIX OF THIS SECTION.
8. FOR PURPOSES OF THIS SECTION, CONDITIONAL SEALING SHALL MEAN THAT
THE RECORDS OF THE SUBJECT CONVICTION OR CONVICTIONS ARE SEALED IN THE
MANNER PROVIDED IN SECTION 160.50 OF THIS ARTICLE, AND SHALL NOT BE MADE
AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY, EXCEPT SUCH RECORDS
SHALL BE MADE AVAILABLE TO: (A) THE PETITIONER OR TO SUCH PETITIONER'S
DESIGNATED AGENT; (B) A PROSECUTOR, A LAW ENFORCEMENT AGENCY, OR A COURT
WHICH HAS RESPONSIBILITY FOR CRIMINALLY INVESTIGATING, PROSECUTING, OR
ADJUDICATING THE PETITIONER; (C) ANY STATE OR LOCAL OFFICE OR AGENCY
WITH RESPONSIBILITY FOR THE ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN
THE PETITIONER HAS MADE APPLICATION FOR SUCH A LICENSE; (D) ANY PROSPEC-
TIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS THOSE TERMS ARE
DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF SECTION 1.20 OF
THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOYMENT AS A POLICE
OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY PERSON WHO IS AN
APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE OFFICER SHALL BE
FURNISHED WITH A COPY OF ALL RECORDS OBTAINED UNDER THIS PARAGRAPH AND
AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERETO; (E) PERSONS OR
PUBLIC OR PRIVATE AGENCIES WHO ARE MANDATED BY LAW TO FINGERPRINT INDI-
VIDUALS AS PART OF A BACKGROUND CHECK; (F) PROSPECTIVE EMPLOYERS OF
CAREGIVERS WHO SUBMIT FINGERPRINTS TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES UNDER SECTION EIGHT HUNDRED THIRTY-SEVEN-N OF THE EXECUTIVE
LAW; (G) THE NEW YORK STATE DIVISION OF PAROLE WHEN THE PETITIONER IS
UNDER PAROLE SUPERVISION; AND (H) THE LOCAL PROBATION DEPARTMENT RESPON-
SIBLE FOR SUPERVISION OF THE PETITIONER. RECORDS CONDITIONALLY SEALED
PURSUANT TO THIS SECTION SHALL ALSO BE MADE AVAILABLE, IF OTHERWISE
ADMISSIBLE, FOR USE BEFORE THE JURY, OR THE JUDGE AS TRIER OF FACT, IF
THE PERSON WHO IS THE SUBJECT OF THE RECORD IS A WITNESS AS DEFINED IN
PARAGRAPH (B) OR (C) OF SUBDIVISION ONE OR PARAGRAPH (B) OR (C) OF
SUBDIVISION TWO OF SECTION 240.45 OF THIS CHAPTER.
9. ANY PERSON OR AGENCY THAT KNOWINGLY RELEASES OR PERMITS THE RELEASE
OF ANY RECORD OR INFORMATION THAT IS SEALED PURSUANT TO THIS SECTION TO
ANY PERSON OR AGENCY NOT AUTHORIZED TO RECEIVE IT SHALL BE SUBJECT TO A
CIVIL PENALTY FOR EACH SUCH VIOLATION OF UP TO ONE THOUSAND DOLLARS.
SUCH PENALTIES MAY BE RECOVERED IN A CIVIL ACTION BROUGHT BY THE ATTOR-
NEY GENERAL OR BY THE PERSON WHO IS THE SUBJECT OF SUCH RECORD OR INFOR-
MATION. WHEN THE PREVAILING PLAINTIFF IN SUCH CIVIL ACTION IS THE PERSON
WHO IS THE SUBJECT OF SUCH RECORD OR INFORMATION, THE COURT SHALL
INCLUDE IN THE JUDGMENT AN AWARD OF COSTS AND ATTORNEYS FEES.
S 22. Section 160.60 of the criminal procedure law, as amended by
chapter 877 of the laws of 1976, is amended to read as follows:
S 160.60 Effect of termination of criminal actions in favor of the
accused.
Upon the termination of a criminal action or proceeding against a
person in favor of such person, as defined in subdivision two of section
160.50 of this [chapter] ARTICLE, OR UPON THE CONDITIONAL SEALING OF A
CONVICTION OR CONVICTIONS, AS DESCRIBED IN SECTION 160.65 OF THIS ARTI-
CLE, the arrest [and], prosecution AND CONVICTION OR CONVICTIONS CONDI-
TIONALLY SEALED shall be deemed a nullity and the accused shall be
restored, in contemplation of law, to the status he occupied before the
arrest [and], prosecution AND CONVICTION OR CONVICTIONS. The arrest
[or], prosecution, CONVICTION OR CONVICTIONS CONDITIONALLY SEALED shall
A. 6085 16
not operate as a disqualification of any person so accused to pursue or
engage in any lawful activity, occupation, profession, or calling
PROVIDED, HOWEVER, A PERSON WHO HAS HAD A CONVICTION OR CONVICTIONS
CONDITIONALLY SEALED PURSUANT TO SECTION 160.65 OF THIS ARTICLE SHALL
CONTINUE TO BE DISQUALIFIED FROM WORKING IN AN OCCUPATION OR PROFESSION
WHERE THE LAW MANDATES THAT SUCH PERSON IS SO DISQUALIFIED BASED ON THE
NATURE OF THE OFFENSE. Except where specifically required or permitted
by statute or upon specific authorization of a superior court, no such
person shall be required to divulge information pertaining to the arrest
[or], prosecution, CONVICTION OR CONVICTIONS CONDITIONALLY SEALED. IN
THE CASE OF A CONVICTION CONDITIONALLY SEALED, AN EMPLOYER, EXCEPT THOSE
PERSONS OR PUBLIC OR PRIVATE AGENCIES WHO ARE MANDATED BY LAW TO FINGER-
PRINT INDIVIDUALS AS PART OF A BACKGROUND CHECK AND PROSPECTIVE EMPLOY-
ERS OF CAREGIVERS UNDER SECTION EIGHT HUNDRED THIRTY-SEVEN-N OF THE
EXECUTIVE LAW, MAY ONLY ASK WHETHER A PERSON HAS BEEN CONVICTED OF A
CRIME THAT HAS NOT BEEN CONDITIONALLY SEALED. IN THE EVENT THAT AN
EMPLOYER ASKS AN UNLAWFUL QUESTION, THE PERSON SHALL ONLY HAVE TO REVEAL
THOSE CRIMINAL CONVICTIONS THAT HAVE NOT BEEN CONDITIONALLY SEALED.
S 23. Section 450.10 of the criminal procedure law is amended by
adding two new subdivisions 6 and 7 to read as follows:
6. AN ORDER, ENTERED PURSUANT TO SECTION 160.65 OF THIS TITLE, DENYING
A PETITION TO CONDITIONALLY SEAL THE RECORD OF AN ELIGIBLE FELONY OR
MISDEMEANOR AS SUCH TERMS ARE DEFINED IN SUCH SECTION.
7. AN ORDER, ENTERED PURSUANT TO SECTION 440.46 OF THIS TITLE, DENYING
A MOTION FOR RESENTENCING MADE PURSUANT TO SUCH SECTION.
S 24. Subdivision 16 of section 296 of the executive law, as amended
by chapter 639 of the laws of 2007, is amended to read as follows:
16. It shall be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or otherwise, or to act upon adversely to the individual
involved, any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a termination of
that criminal action or proceeding in favor of such individual, as
defined in subdivision two of section 160.50 of the criminal procedure
law, or by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law in connection with the licensing, employment or providing of
credit or insurance to such individual, OR ANY CONVICTION OR CONVICTIONS
THAT HAVE BEEN CONDITIONALLY SEALED, AS DESCRIBED IN SECTION 160.65 OF
THE CRIMINAL PROCEDURE LAW; provided, however, that the provisions here-
of shall not apply to the licensing activities of governmental bodies in
relation to the regulation of guns, firearms and other deadly weapons or
in relation to an application for employment as a police officer or
peace officer as those terms are defined in subdivisions thirty-three
and thirty-four of section 1.20 of the criminal procedure law; provided
further that the provisions of this subdivision shall not apply to an
application for employment or membership in any law enforcement agency
with respect to any arrest or criminal accusation which was followed by
a youthful offender adjudication, as defined in subdivision one of
section 720.35 of the criminal procedure law, or by a conviction for a
violation sealed pursuant to section 160.55 of the criminal procedure
law.
A. 6085 17
S 25. Subdivision 2 of section 259-i of the executive law is amended
by adding a new paragraph (b-l) to read as follows:
(B-1) (I) AN INMATE CONVICTED AND SERVING A SENTENCE FOR AN OFFENSE
DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE
PENAL LAW, WHO WAS ASSESSED AND IDENTIFIED AS HAVING AN ALCOHOL AND/OR
SUBSTANCE ABUSE DEPENDENCY BY THE DEPARTMENT, AND WHO IS RELEASED ON
PAROLE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION SHALL, AS A
CONDITION THEREOF, BE REQUIRED TO PARTICIPATE IN A SUBSTANCE ABUSE
TREATMENT PROGRAM CERTIFIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES FOR A MINIMUM OF ONE YEAR OR UNTIL TERMINATION OF SUCH
PAROLE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION, WHICHEVER
OCCURS FIRST. SUCH SUPERVISION SHALL INCLUDE PERIODIC URINALYSIS. THE
CONDITIONS MANDATED BY THIS SUBPARAGRAPH SHALL NOT BE REQUIRED IF THE
BOARD OR THE DIVISION FIND THAT SUCH CONDITIONS ARE INAPPROPRIATE IN ANY
INDIVIDUAL CASE. THE DIVISION SHALL PROVIDE ASSISTANCE IN FINDING AND
SECURING PLACEMENT IN AN APPROPRIATE SUBSTANCE ABUSE TREATMENT PROGRAM
FOR EACH RELEASEE SUBJECT TO THE CONDITION MANDATED BY THIS SUBPARA-
GRAPH.
(II) AN INMATE SERVING AN INDETERMINATE OR DETERMINATE SENTENCE, OTHER
THAN A SENTENCE FOR A FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OR
TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, WHO WAS ASSESSED AS HAVING AN
ALCOHOL AND/OR SUBSTANCE ABUSE DEPENDENCY BY THE DEPARTMENT, AND WHO IS
RELEASED ON PAROLE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION
SHALL, AS A CONDITION OF SUCH PAROLE, CONDITIONAL RELEASE OR POST-RE-
LEASE SUPERVISION, BE REQUIRED TO PARTICIPATE IN A SUBSTANCE ABUSE
TREATMENT PROGRAM CERTIFIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES FOR A MINIMUM OF ONE YEAR OR UNTIL TERMINATION OF SUCH
PAROLE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION, WHICHEVER FIRST
OCCURS. SUCH PROGRAM SHALL INCLUDE PERIODIC URINALYSIS. THE CONDITIONS
MANDATED BY THIS SUBPARAGRAPH SHALL NOT BE REQUIRED IF THE BOARD OR THE
DIVISION FIND THAT SUCH CONDITIONS ARE INAPPROPRIATE IN ANY INDIVIDUAL
CASE. THE DIVISION SHALL PROVIDE ASSISTANCE IN FINDING AND SECURING
PLACEMENT IN AN APPROPRIATE SUBSTANCE ABUSE TREATMENT PROGRAM FOR EACH
RELEASEE SUBJECT TO THE CONDITION MANDATED BY THIS SUBPARAGRAPH.
S 26. The executive law is amended by adding a new section 837-s to
read as follows:
S 837-S. COMBINED LAW ENFORCEMENT AND COMMUNITY STRATEGY TARGETING
STREET-LEVEL DRUG CRIME PROGRAM. THE DIVISION SHALL CONTRACT WITH AN
OUTSIDE ACADEMIC INSTITUTION TO COORDINATE THREE PILOT PROGRAMS IN
DISCRETE, TARGETED NEIGHBORHOODS LOCATED IN THREE DIFFERENT GEOGRAPHIC
AREAS OF THE STATE TO SIGNIFICANTLY REDUCE STREET-LEVEL UNLAWFUL DRUG
ACTIVITY, ESPECIALLY AS IT RELATES TO VIOLENT CRIME AND CRIMINAL ACTIV-
ITY IN SUCH AREAS, THROUGH A "COMBINED LAW ENFORCEMENT AND COMMUNITY
STRATEGY TO ELIMINATE STREET-LEVEL DRUG CRIME". FOR PURPOSES OF THIS
SECTION, A "COMBINED LAW ENFORCEMENT AND COMMUNITY STRATEGY TO ELIMINATE
STREET-LEVEL DRUG CRIME" SHALL MEAN A PROGRAM WHICH:
1. USES CRIME MAPPING INFORMATION TO TARGET GEOGRAPHIC DRUG MARKETS,
DRUG-DEALERS, DRUG SUPPLIERS AND STREET LEVEL DRUG SALES THAT IMPACT
COMMUNITY SAFETY;
2. BUILDING ON A STATISTICAL AND MAPPING FOUNDATION, GATHERS EXTENSIVE
INTELLIGENCE ON NETWORKS OF INDIVIDUALS INVOLVED IN THE LOCAL DRUG SCENE
AND INDIVIDUAL PATTERNS OF CRIMINAL BEHAVIOR;
3. USES A JOINT POLICE-COMMUNITY PARTNERSHIP TO IDENTIFY INDIVIDUAL
OFFENDERS, NOTIFY THEM OF THE CONSEQUENCES OF CONTINUED ILLEGAL ACTIV-
ITY, AND UNDERTAKE MEASURES DESIGNED TO ELIMINATE SUCH CRIMINAL BEHAVIOR
THROUGH A COMMUNITY-BASED COORDINATOR WHO IDENTIFIES ALTERNATIVES TO
A. 6085 18
CONTINUED UNLAWFUL DRUG ACTIVITY AND ACTS TO REDUCE RECIDIVISM AND
VIOLENT CRIME AND ENHANCE PUBLIC SAFETY; AND
4. PROVIDES FOR THE BRINGING OF CRIMINAL CHARGES AGAINST OFFENDERS WHO
DO NOT CEASE ILLEGAL ACTIVITY.
S 27. Subdivision 1 of section 211 of the judiciary law is amended by
adding a new paragraph (m) to read as follows:
(M) THE ESTABLISHMENT AND OPERATION OF DRUG COURTS AND THEIR EFFECTIVE
AND EFFICIENT UTILIZATION OF FUNDS, SERVICES AND JUDICIAL AND NON-JUDI-
CIAL PERSONNEL.
S 28. Subdivision 1 of section 212 of the judiciary law is amended by
adding a new paragraph (w) to read as follows:
(W) SUBJECT TO THE AVAILABILITY OF APPROPRIATIONS TO FUND THE COSTS
THEREOF: (I) DESIGNATE AT LEAST ONE COURT IN EACH COUNTY OF THE STATE AS
A DRUG COURT, AND (II) IN CONSULTATION WITH SUCH PUBLIC AND PRIVATE
AGENCIES AS MAY BE NECESSARY, ESTABLISH AN APPROPRIATE TRAINING PROGRAM
PARTICIPATION IN WHICH SHALL BE REQUIRED FOR JUDICIAL AND NON-JUDICIAL
PERSONNEL WHO SERVE IN A DRUG COURT. SUCH TRAINING PROGRAM SHALL
INCLUDE BUT NOT BE LIMITED TO A SUBSTANCE ABUSE TREATMENT CURRICULA
APPROVED BY THE OFFICE OF ALCOHOL AND SUBSTANCE ABUSE SERVICES, A TRAIN-
ING SESSION TO BE PRESENTED BY A PROSECUTION REPRESENTATIVE DESIGNATED
BY THE NEW YORK STATE DISTRICT ATTORNEY'S ASSOCIATION AND A TRAINING
SESSION TO BE PRESENTED BY THE NEW YORK STATE DEFENDERS ASSOCIATION.
S 29. Subdivisions 3, 5 and 6 of section 60.04 of the penal law, as
added by chapter 738 of the laws of 2004, are amended to read as
follows:
3. Class B felonies. Every person convicted of a class B felony must
be sentenced to imprisonment in accordance with the applicable
provisions of section 70.70 of this title, [unless such person is
convicted of a class B felony and is sentenced to] A DEFINITE SENTENCE
OF IMPRISONMENT WITH A TERM OF ONE YEAR OR LESS OR probation in accord-
ance with section 65.00 of this title PROVIDED, HOWEVER, A PERSON
CONVICTED OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD AS
DEFINED IN SECTION 220.48 OF THIS CHAPTER MUST BE SENTENCED TO A DETER-
MINATE SENTENCE OF IMPRISONMENT ACCORDING TO THE APPLICABLE PROVISIONS
OF SECTION 70.70 OF THIS TITLE.
5. Multiple felony offender. Where the court imposes a sentence upon a
second felony drug offender, as defined in paragraph (b) of subdivision
one of section 70.70 of this title, it must sentence such offender to
imprisonment in accordance with the applicable provisions of section
70.70 of this title, A DEFINITE SENTENCE OF IMPRISONMENT WITH A TERM OF
ONE YEAR OR LESS, OR PROBATION IN ACCORDANCE WITH SECTION 65.00 OF THIS
TITLE, PROVIDED, HOWEVER, THAT SUCH A PERSON TO BE SENTENCED FOR OR WITH
A PREDICATE FELONY CONVICTION FOR AN OFFENSE DESCRIBED IN SUBDIVISION
FIVE OF SECTION 440.46 OF THE CRIMINAL PROCEDURE LAW MUST BE SENTENCED
TO A DETERMINATE SENTENCE OF IMPRISONMENT IN ACCORDANCE WITH THE APPLI-
CABLE PROVISIONS OF SECTION 70.70 OF THIS TITLE.
6. Substance abuse treatment. When the court imposes a sentence of
imprisonment which requires a commitment to the state department of
correctional services upon a person who stands convicted of a controlled
substance or marihuana offense, the court may, upon motion of the
defendant in its discretion, issue an order directing that the depart-
ment of correctional services enroll the defendant in the comprehensive
alcohol and substance abuse treatment program in an alcohol and
substance abuse correctional annex as defined in subdivision eighteen of
section two of the correction law, provided that the defendant will
satisfy the statutory eligibility criteria for participation in such
A. 6085 19
program. Notwithstanding the foregoing provisions of this subdivision,
any defendant to be enrolled in such program pursuant to this subdivi-
sion shall be governed by the same rules and regulations promulgated by
the department of correctional services, including without limitation
those rules and regulations establishing requirements for completion and
those rules and regulations governing discipline and removal from the
program. No such period of court ordered corrections based drug abuse
treatment pursuant to this subdivision shall be required to extend
beyond the defendant's conditional release date. AFTER THE DEFENDANT'S
ARRIVAL IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONAL SERVICES, THE
COMMISSIONER OF SUCH DEPARTMENT SHALL NOTIFY THE SENTENCING COURT AND
THE DEFENDANT IN WRITING CONCERNING THE DEFENDANT'S ENROLLMENT IN SUCH
COMPREHENSIVE ALCOHOL AND SUBSTANCE ABUSE TREATMENT PROGRAM.
S 30. Section 60.05 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
8. JUDICIALLY SENTENCED SHOCK INCARCERATION. WHERE THE COURT IMPOSES A
SENTENCE OF IMPRISONMENT IN ACCORDANCE WITH THIS SECTION AND THE DEFEND-
ANT IS ELIGIBLE FOR SENTENCING PURSUANT TO SUBDIVISION THREE OF SECTION
EIGHT HUNDRED SIXTY-FIVE OF THE CORRECTION LAW, THEN THE COURT MAY
SENTENCE THE DEFENDANT AS A JUDICIALLY SENTENCED SHOCK INCARCERATION
INMATE. AFTER THE DEFENDANT'S ARRIVAL IN THE CUSTODY OF THE DEPARTMENT
OF CORRECTIONAL SERVICES, THE COMMISSIONER OF SUCH DEPARTMENT SHALL
NOTIFY THE SENTENCING COURT AND THE DEFENDANT IN WRITING CONCERNING THE
DEFENDANT'S ENROLLMENT IN SUCH SHOCK INCARCERATION PROGRAM.
S 31. The opening paragraph of paragraph (b) of subdivision 1 of
section 65.00 of the penal law, as amended by chapter 410 of the laws of
1979, is amended to read as follows:
The court, with the concurrence of either the administrative judge of
the court or of the judicial district within which the court is situated
or such administrative judge as the presiding justice of the appropriate
appellate division shall designate, may sentence a person to a period of
probation upon conviction of a class A-II felony [or a class B felony]
defined in article two hundred twenty, OR THE CLASS B FELONY DEFINED IN
SECTION 220.48 OF THIS CHAPTER, OR THE CLASS B FELONY DEFINED IN SECTION
220.44 OF THIS CHAPTER, AS A SECOND FELONY DRUG OFFENDER, COMMITTED IN
THE MANNER SPECIFIED IN SUBPARAGRAPH FOUR OF PARAGRAPH C OF SUBDIVISION
FIVE OF SECTION 440.46 OF THE CRIMINAL PROCEDURE LAW, if the prosecutor
either orally on the record or in a writing filed with the indictment
recommends that the court sentence such person to a period of probation
upon the ground that such person has or is providing material assistance
in the investigation, apprehension or prosecution of any person for a
felony defined in article two hundred twenty or the attempt or the
conspiracy to commit any such felony, and if the court, having regard to
the nature and circumstances of the crime and to the history, character
and condition of the defendant is of the opinion that:
S 32. Subparagraphs (i) and (ii) of paragraph (a) of subdivision 3 of
section 65.00 of the penal law, subparagraph (i) as amended by chapter
264 of the laws of 2003, subparagraph (ii) as amended by chapter 738 of
the laws of 2004, are amended to read as follows:
(i) For a felony, other than a class A-II felony [or a class B felony]
defined in article two hundred twenty of this chapter, OR THE CLASS B
FELONY DEFINED IN SECTION 220.48 OF THIS CHAPTER, OR THE CLASS B FELONY,
COMMITTED BY A SECOND FELONY DRUG OFFENDER, DESCRIBED IN PARAGRAPH (B)
OF SUBDIVISION ONE OF THIS SECTION or a sexual assault, the period of
probation shall be five years;
A. 6085 20
(ii) For a class A-II felony controlled substance offender as defined
in paragraph (a) of subdivision one of section 70.71 of this [chapter or
a class B second felony drug offender as defined in paragraph (b) of
subdivision one of section 70.70 of this] chapter, OR THE CLASS B FELONY
DEFINED IN SECTION 220.48 OF THIS CHAPTER, OR THE CLASS B FELONY,
COMMITTED BY A SECOND FELONY DRUG OFFENDER, DESCRIBED IN PARAGRAPH (B)
OF SUBDIVISION ONE OF THIS SECTION the period of probation shall be
life[, and for a class B felony drug offender as defined in paragraph
(a) of subdivision one of section 70.70 of this chapter, the period of
probation shall be twenty-five years];
S 33. Paragraph (e) of subdivision 2 of section 65.10 of the penal
law, as amended by chapter 742 of the laws of 1981, is amended to read
as follows:
(e) Participate in an alcohol or substance abuse program LICENSED BY
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES or an intervention
program approved by the court after consultation with the local
probation department having jurisdiction, or such other public or
private agency as the court determines to be appropriate;
S 34. Section 65.10 of the penal law is amended by adding two new
subdivisions 4-b and 4-c to read as follows:
4-B. MANDATORY CONDITION FOR CERTAIN PERSONS CONVICTED OF A FELONY
OFFENSE IN VIOLATION OF ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWEN-
TY-ONE OF THIS CHAPTER. WHEN IMPOSING A SENTENCE OF PROBATION UPON A
PERSON CONVICTED OF A FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED
TWENTY OR TWO HUNDRED TWENTY-ONE OF THIS CHAPTER AND ASSESSED AND IDEN-
TIFIED AS HAVING AN ALCOHOL AND/OR SUBSTANCE ABUSE DEPENDENCY, THE COURT
SHALL REQUIRE, AS A MANDATORY CONDITION OF SUCH SENTENCE, THAT SUCH
PERSON PARTICIPATE IN A SUBSTANCE ABUSE TREATMENT PROGRAM LICENSED BY
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR A PERIOD OF
ONE YEAR OR UNTIL TERMINATION OF SUCH PROBATION, WHICHEVER OCCURS FIRST.
SUCH PROGRAM SHALL INCLUDE PERIODIC URINALYSIS. THE CONDITIONS MANDATED
BY THIS SUBDIVISION SHALL NOT BE REQUIRED IF THE COURT FINDS THAT SUCH
CONDITIONS ARE INAPPROPRIATE IN ANY INDIVIDUAL CASE. LOCAL PROBATION
DEPARTMENTS SHALL PROVIDE ASSISTANCE IN FINDING AND SECURING PLACEMENT
IN AN APPROPRIATE SUBSTANCE ABUSE TREATMENT PROGRAM FOR EACH PERSON
SUBJECT TO THE CONDITIONS SET FORTH IN THIS SUBDIVISION.
4-C. MANDATORY CONDITION FOR CERTAIN PERSONS CONVICTED OF A FELONY
OFFENSE OTHER THAN A VIOLATION OF ARTICLE TWO HUNDRED TWENTY OR TWO
HUNDRED TWENTY-ONE OF THIS CHAPTER. WHEN IMPOSING A SENTENCE OF
PROBATION UPON A PERSON CONVICTED OF A FELONY OFFENSE OTHER THAN AN
OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE
OF THIS CHAPTER AND SUCH PERSON HAS BEEN ASSESSED AND IDENTIFIED AS
HAVING AN ALCOHOL AND/OR SUBSTANCE ABUSE DEPENDENCY, THE COURT SHALL
REQUIRE, AS A MANDATORY CONDITION OF SUCH SENTENCE, THAT SUCH PERSON
PARTICIPATE IN A SUBSTANCE ABUSE TREATMENT PROGRAM LICENSED BY THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR A PERIOD OF ONE
YEAR OR UNTIL TERMINATION OF SUCH PROBATION, WHICHEVER OCCURS FIRST.
SUCH PROGRAM SHALL INCLUDE PERIODIC URINALYSIS. THE CONDITIONS MANDATED
BY THIS SUBDIVISION SHALL NOT BE REQUIRED IF THE COURT FINDS THAT SUCH
CONDITIONS ARE INAPPROPRIATE IN ANY INDIVIDUAL CASE. LOCAL PROBATION
DEPARTMENTS SHALL PROVIDE ASSISTANCE IN FINDING AND SECURING PLACEMENT
IN AN APPROPRIATE SUBSTANCE ABUSE TREATMENT PROGRAM FOR EACH PERSON
SUBJECT TO THE CONDITIONS SET FORTH IN THIS SUBDIVISION.
S 35. Section 70.00 of the penal law is amended by adding a new subdi-
vision 7 to read as follows:
A. 6085 21
7. TRAFFICKING THROUGH A CONTROLLED SUBSTANCE ORGANIZATION. THE
SENTENCE FOR THE CLASS A-I FELONY OFFENSE SPECIFIED IN SECTION 220.68 OF
THIS CHAPTER ("TRAFFICKING THROUGH A CONTROLLED SUBSTANCE ORGANIZATION")
SHALL BE AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL BE
LIFE IMPRISONMENT IN ACCORDANCE WITH PARAGRAPH (A) OF SUBDIVISION TWO OF
THIS SECTION, AND THE MINIMUM PERIOD OF WHICH SHALL BE NOT LESS THAN
FIFTEEN YEARS NOR MORE THAN THIRTY YEARS IN ACCORDANCE WITH PARAGRAPH
(A) OF SUBDIVISION THREE OF THIS SECTION.
S 36. Paragraph (b) of subdivision 1 of section 70.02 of the penal
law, as separately amended by chapters 764 and 765 of the laws of 2005,
is amended to read as follows:
(b) Class C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a); aggravated criminally
negligent homicide as defined in section 125.11, aggravated manslaughter
in the second degree as defined in section 125.21, aggravated sexual
abuse in the second degree as defined in section 130.67, assault on a
peace officer, police officer, fireman or emergency medical services
professional as defined in section 120.08, gang assault in the second
degree as defined in section 120.06, burglary in the second degree as
defined in section 140.25, robbery in the second degree as defined in
section 160.10, criminal possession of a weapon in the second degree as
defined in section 265.03, criminal use of a firearm in the second
degree as defined in section 265.08, criminal sale of a firearm in the
second degree as defined in section 265.12, criminal sale of a firearm
with the aid of a minor as defined in section 265.14, soliciting or
providing support for an act of terrorism in the first degree as defined
in section 490.15, hindering prosecution of terrorism in the second
degree as defined in section 490.30, CRIMINAL POSSESSION OF A WEAPON
WHILE SELLING OR ATTEMPTING TO SELL A CONTROLLED SUBSTANCE AS DEFINED IN
SECTION 265.18 and criminal possession of a chemical weapon or biolog-
ical weapon in the third degree as defined in section 490.37.
S 37. Subdivision 3 of section 70.02 of the penal law is amended by
adding a new paragraph (b-1) to read as follows:
(B-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVI-
SION, FOR THE CLASS C FELONY OF CRIMINAL POSSESSION OF A WEAPON WHILE
SELLING OR ATTEMPTING TO SELL A CONTROLLED SUBSTANCE AS DEFINED IN
SECTION 265.18, THE TERM MUST BE AT LEAST FIVE YEARS AND MUST NOT EXCEED
FIFTEEN YEARS.
S 38. Paragraphs (a) and (b) of subdivision 1 of section 70.70 of the
penal law, as added by chapter 738 of the laws of 2004, are amended to
read as follows:
(a) "Felony drug offender" means a defendant who stands convicted of
any felony[,] defined in article two hundred twenty or two hundred twen-
ty-one of this chapter other than a class A felony, OR WHO STANDS
CONVICTED OF A FELONY DEFINED IN SECTION 105.15 OF THIS CHAPTER IN WHICH
THE UNDERLYING CONDUCT CONSTITUTES A CLASS A FELONY DEFINED IN SECTION
220.18, 220.21, 220.41 OR 220.43 OF THIS CHAPTER.
(b) "Second felony drug offender" means a second felony offender as
that term is defined in subdivision one of section 70.06 of this arti-
cle, who stands convicted of any felony[,] defined in article two
hundred twenty or two hundred twenty-one of this chapter other than a
class A felony, OR WHO STANDS CONVICTED OF A FELONY DEFINED IN SECTION
105.15 OF THIS CHAPTER IN WHICH THE UNDERLYING CONDUCT CONSTITUTES A
CLASS A FELONY DEFINED IN SECTION 220.18, 220.21, 220.41 OR 220.43 OF
THIS CHAPTER.
A. 6085 22
S 39. Paragraphs (b) and (c) of subdivision 2 of section 70.70 of the
penal law, as added by chapter 738 of the laws of 2004, are amended to
read as follows:
(b) Probation. Notwithstanding any other provision of law, the court
may sentence a defendant convicted of a class B, OTHER THAN THE CRIME OF
CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD AS DEFINED IN SECTION
220.48 OF THIS CHAPTER, class C, class D or class E felony offense
defined in article two hundred twenty or two hundred twenty-one of this
chapter to probation in accordance with the provisions of section 65.00
of this chapter.
(c) Alternative definite sentence for CLASS B, class C, class D, and
class E felonies. If the court, having regard to the nature and circum-
stances of the crime and to the history and character of the defendant,
is of the opinion that a sentence of imprisonment is necessary but that
it would be unduly harsh to impose a determinate sentence upon a person
convicted of a CLASS B, class C, class D or class E felony offense
defined in article two hundred twenty or two hundred twenty-one of this
chapter, OTHER THAN THE CRIME OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE
TO A CHILD AS DEFINED IN SECTION 220.48 OF THIS CHAPTER, the court may
impose a definite sentence of imprisonment and fix a term of one year or
less.
S 40. Paragraph (b) of subdivision 3 of section 70.70 of the penal
law, as added by chapter 738 of the laws of 2004, is amended to read as
follows:
(b) Authorized sentence. Except as provided in paragraph [(c) or] (d)
of this subdivision, when the court has found pursuant to the provisions
of section 400.21 of the criminal procedure law that a defendant is a
second felony drug offender who stands convicted of a class B, class C,
class D or class E felony offense defined in article two hundred twenty
or two hundred twenty-one of this chapter the court shall impose a
determinate sentence of imprisonment[. Such], A DEFINITE SENTENCE OF
IMPRISONMENT WITH A TERM OF ONE YEAR OR LESS, OR PROBATION IN ACCORDANCE
WITH SECTION 65.00 OF THIS TITLE, PROVIDED, HOWEVER, THAT A PERSON TO BE
SENTENCED FOR OR WITH A PREDICATE FELONY CONVICTION FOR AN OFFENSE
DESCRIBED IN SUBDIVISION FIVE OF SECTION 440.46 OF THE CRIMINAL PROCE-
DURE LAW MUST BE SENTENCED TO A DETERMINATE PERIOD OF IMPRISONMENT IN
ACCORDANCE WITH THIS PARAGRAPH. WHERE THE COURT IMPOSES A DETERMINATE
SENTENCE OF IMPRISONMENT, SUCH determinate sentence shall include as a
part thereof a period of post-release supervision in accordance with
section 70.45 of this article. The terms of such determinate sentence
shall be imposed by the court in whole or half years as follows:
S 41. Paragraph (c) of subdivision 3 of section 70.70 of the penal
law, as added by chapter 738 of the laws of 2004, is amended to read as
follows:
(c) Lifetime probation. Notwithstanding any other provision of law,
the court may sentence a defendant convicted of a class B felony
[defined in article two hundred twenty of this chapter] DEFINED IN
SECTION 220.44 OF THIS CHAPTER, AS A SECOND FELONY DRUG OFFENDER, WHERE
SUCH OFFENSE WAS COMMITTED IN THE MANNER SPECIFIED IN SUBPARAGRAPH C OF
SUBDIVISION FIVE OF SECTION 440.46 OF THE CRIMINAL PROCEDURE LAW, to
lifetime probation in accordance with the provisions of section 65.00 of
this chapter.
S 42. Paragraphs (a) and (b) of subdivision 1 of section 70.71 of the
penal law, as added by chapter 738 of the laws of 2004, are amended to
read as follows:
A. 6085 23
(a) "Felony drug offender" means a defendant who stands convicted of
any class A felony as defined in article two hundred twenty of this
chapter; PROVIDED, HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE A DEFENDANT
WHO STANDS CONVICTED OF AND IS TO BE SENTENCED FOR THE CLASS A-I FELONY
OFFENSE SPECIFIED IN SECTION 220.68 OF THIS CHAPTER ("TRAFFICKING
THROUGH A CONTROLLED SUBSTANCE ORGANIZATION"), WHO SHALL BE SENTENCED IN
ACCORDANCE WITH SUBDIVISION SEVEN OF SECTION 70.00 OF THIS ARTICLE.
(b) "Second felony drug offender" means a second felony offender as
that term is defined in subdivision one of section 70.06 of this arti-
cle, who stands convicted of and is to be sentenced for any class A
felony as defined in article two hundred twenty of this chapter;
PROVIDED HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE SUCH A SECOND FELONY
OFFENDER WHO STANDS CONVICTED OF AND IS TO BE SENTENCED FOR THE CLASS
A-I FELONY OFFENSE SPECIFIED IN SECTION 220.68 OF THIS CHAPTER ("TRAF-
FICKING THROUGH A CONTROLLED SUBSTANCE ORGANIZATION"), WHO SHALL BE
SENTENCED IN ACCORDANCE WITH SUBDIVISION SEVEN OF SECTION 70.00 OF THIS
ARTICLE.
S 43. Subdivision 1 of section 110.05 of the penal law, as amended by
chapter 93 of the laws of 2006, is amended to read as follows:
1. Class A-I felony when the crime attempted is the A-I felony of
murder in the first degree, aggravated murder as defined in subdivision
one of section 125.26 of this chapter, criminal possession of a
controlled substance in the first degree, criminal sale of a controlled
substance in the first degree, TRAFFICKING THROUGH A CONTROLLED
SUBSTANCE ORGANIZATION, criminal possession of a chemical or biological
weapon in the first degree or criminal use of a chemical or biological
weapon in the first degree;
S 44. Section 220.18 of the penal law, as amended by chapter 75 of the
laws of 1995, the opening paragraph and subdivision 1 as amended by
chapter 738 of the laws of 2004, is amended to read as follows:
S 220.18 Criminal possession of a controlled substance in the second
degree.
A person is guilty of criminal possession of a controlled substance in
the second degree when he or she knowingly and unlawfully possesses:
1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug and said preparations, compounds, mixtures or
substances are of an aggregate weight of four ounces or more; or
2. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers and
said preparations, compounds, mixtures or substances are of an aggregate
weight of [two] FOUR ounces or more; or
3. a stimulant and said stimulant weighs [ten] TWENTY grams or more;
or
4. lysergic acid diethylamide and said lysergic acid diethylamide
weighs [twenty-five] FIFTY milligrams or more; or
5. a hallucinogen and said hallucinogen weighs [six hundred twenty-
five] ONE THOUSAND TWO HUNDRED FIFTY milligrams or more; or
6. a hallucinogenic substance and said hallucinogenic substance
weighs [twenty-five] FIFTY grams or more; or
7. methadone and said methadone weighs [two thousand eight hundred
eighty] FIVE THOUSAND SEVEN HUNDRED SIXTY milligrams or more.
Criminal possession of a controlled substance in the second degree is
a class A-II felony.
S 45. Section 220.21 of the penal law, as amended by chapter 75 of the
laws of 1995, the opening paragraph and subdivision 1 as amended by
chapter 738 of the laws of 2004, is amended to read as follows:
A. 6085 24
S 220.21 Criminal possession of a controlled substance in the first
degree.
A person is guilty of criminal possession of a controlled substance in
the first degree when he or she knowingly and unlawfully possesses:
1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug and said preparations, compounds, mixtures or
substances are of an aggregate weight of eight ounces or more; or
2. methadone and said methadone weighs [five thousand seven hundred
sixty] ELEVEN THOUSAND FIVE HUNDRED TWENTY milligrams or more.
Criminal possession of a controlled substance in the first degree is a
class A-I felony.
S 46. Section 220.25 of the penal law, as amended by chapter 276 of
the laws of 1973, subdivision 1 as amended by chapter 278 of the laws of
1973 and subdivision 2 as amended by chapter 341 of the laws of 1985, is
amended to read as follows:
S 220.25 Criminal possession of a controlled substance; presumption.
1. The presence of a controlled substance in an automobile, other than
a public omnibus, [is presumptive evidence] CREATES A PERMISSIBLE INFER-
ENCE of knowing possession thereof by each and every person in the auto-
mobile at the time such controlled substance was found; except that such
[presumption] PERMISSIBLE INFERENCE does not apply (a) to a duly
licensed operator of an automobile who is at the time operating it for
hire in the lawful and proper pursuit of his trade, or (b) to any person
in the automobile if one of them, having obtained the controlled
substance and not being under duress, is authorized to possess it and
such controlled substance is in the same container as when he received
possession thereof, or (c) when the controlled substance is concealed
upon the person of one of the occupants, OR (D) WHEN THE CONTROLLED
SUBSTANCE IS CONCEALED BEYOND THE IMMEDIATE GRABBABLE AREA OF THE
DEFENDANT AND THE DEFENDANT IS NOT THE OWNER OR OPERATOR OF THE VEHICLE.
2. The presence of a narcotic drug, narcotic preparation, marihuana or
phencyclidine in open view in a room, other than a public place, under
circumstances evincing an intent to unlawfully mix, compound, package or
otherwise prepare for sale such controlled substance [is presumptive
evidence] CREATES A PERMISSIBLE INFERENCE of knowing possession thereof
by each and every person in close proximity to such controlled substance
at the time such controlled substance was found; except that such
[presumption] PERMISSIBLE INFERENCE does not apply to any such persons
if (a) one of them, having obtained such controlled substance and not
being under duress, is authorized to possess it and such controlled
substance is in the same container as when he received possession there-
of, or (b) one of them has such controlled substance upon his person.
S 47. Section 220.41 of the penal law, as added by chapter 276 of the
laws of 1973 and subdivisions 1, 2, 3, 4, 5, 6 and 7 as amended by chap-
ter 75 of the laws of 1995, is amended to read as follows:
S 220.41 Criminal sale of a controlled substance in the second degree.
A person is guilty of criminal sale of a controlled substance in the
second degree when he OR SHE knowingly and unlawfully sells:
1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug and the preparations, compounds, mixtures or
substances are of an aggregate weight of [one-half] ONE ounce or more;
or
2. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers and
the preparations, compounds, mixtures or substances are of an aggregate
weight of [one-half] ONE ounce or more; or
A. 6085 25
3. a stimulant and the stimulant weighs [five] TEN grams or more; or
4. lysergic acid diethylamide and the lysergic acid diethylamide
weighs [five] TEN milligrams or more; or
5. a hallucinogen and the hallucinogen weighs [one] TWO hundred
[twenty-five] FIFTY milligrams or more; or
6. a hallucinogenic substance and the hallucinogenic substance weighs
[five] TEN grams or more; or
7. methadone and the methadone weighs [three] SEVEN hundred [sixty]
TWENTY milligrams or more.
Criminal sale of a controlled substance in the second degree is a
class A-II felony.
S 48. Section 220.43 of the penal law, as amended by chapter 785 of
the laws of 1975 and subdivisions 1 and 2 as amended by chapter 75 of
the laws of 1995, is amended to read as follows:
S 220.43 Criminal sale of a controlled substance in the first degree.
A person is guilty of criminal sale of a controlled substance in the
first degree when he OR SHE knowingly and unlawfully sells:
1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug and the preparations, compounds, mixtures or
substances are of an aggregate weight of [two] FOUR ounces or more; or
2. methadone and the methadone weighs [two thousand eight hundred
eighty] FIVE THOUSAND SEVEN HUNDRED SIXTY milligrams or more.
Criminal sale of a controlled substance in the first degree is a class
A-I felony.
S 49. The penal law is amended by adding a new section 220.48 to read
as follows:
S 220.48 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD.
A PERSON IS GUILTY OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A
CHILD WHEN, BEING OVER TWENTY-ONE YEARS OLD, HE OR SHE KNOWINGLY AND
UNLAWFULLY SELLS TO A PERSON LESS THAN SIXTEEN YEARS OF AGE A CONTROLLED
SUBSTANCE IN VIOLATION OF ANY ONE OF SUBDIVISIONS ONE THROUGH SIX-A OR
SUBDIVISION NINE OF SECTION 220.34 OF THIS ARTICLE.
CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IS A CLASS B FELO-
NY.
S 50. The penal law is amended by adding a new section 220.68 to read
as follows:
S 220.68 TRAFFICKING THROUGH A CONTROLLED SUBSTANCE ORGANIZATION.
A PERSON IS GUILTY OF TRAFFICKING THROUGH A CONTROLLED SUBSTANCE
ORGANIZATION WHEN HE OR SHE ENGAGES IN THREE OR MORE CLASS B OR HIGHER
CONTROLLED SUBSTANCE SALE OFFENSES DEFINED IN THIS ARTICLE, IN THE
MANNER SPECIFIED IN PARAGRAPHS (B) AND (C) OF SUBDIVISION FOUR OF
SECTION 460.10 OF THIS CHAPTER, IN EACH OF WHICH HE OR SHE (A) DIRECTED
THE ACTIVITIES OF SUCH ORGANIZATION AND SUPERVISED MORE THAN THREE
ACCOMPLICES ENGAGED IN SUCH CONDUCT; AND (B) DERIVED PROFITS EXCEEDING
FIFTY THOUSAND DOLLARS.
TRAFFICKING THROUGH A CONTROLLED SUBSTANCE ORGANIZATION IS A CLASS A-I
FELONY.
S 51. The penal law is amended by adding a new section 265.18 to read
as follows:
S 265.18 CRIMINAL POSSESSION OF A WEAPON WHILE SELLING OR ATTEMPTING TO
SELL A CONTROLLED SUBSTANCE.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A WEAPON WHILE SELLING OR
ATTEMPTING TO SELL A CONTROLLED SUBSTANCE WHEN HE OR SHE PHYSICALLY
POSSESSES A LOADED FIREARM, A MACHINE GUN OR A DISGUISED GUN, WITH THE
INTENT TO USE THE SAME UNLAWFULLY AGAINST ANOTHER WHILE SELLING OR
A. 6085 26
ATTEMPTING TO SELL A CONTROLLED SUBSTANCE IN VIOLATION OF ARTICLE TWO
HUNDRED TWENTY OF THIS CHAPTER.
CRIMINAL POSSESSION OF A WEAPON WHILE SELLING OR ATTEMPTING TO SELL A
CONTROLLED SUBSTANCE IS A CLASS C FELONY.
S 52. The opening paragraph of subdivision a of section 265.20 of the
penal law, as amended by chapter 496 of the laws of 1991, is amended to
read as follows:
Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
265.12, 265.13, 265.15, 265.18 and 270.05 shall not apply to:
S 53. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as separately amended by chapters 312 and 472 of the laws of 2008,
is amended to read as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 125.10 to 125.27 relat-
ing to homicide; sections 130.25, 130.30 and 130.35 relating to rape;
sections 135.20 and 135.25 relating to kidnapping; section 135.35 relat-
ing to labor trafficking; section 135.65 relating to coercion; sections
140.20, 140.25 and 140.30 relating to burglary; sections 145.05, 145.10
and 145.12 relating to criminal mischief; article one hundred fifty
relating to arson; sections 155.30, 155.35, 155.40 and 155.42 relating
to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to
health care fraud; article one hundred sixty relating to robbery;
sections 165.45, 165.50, 165.52 and 165.54 relating to criminal
possession of stolen property; sections 165.72 and 165.73 relating to
trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30,
170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20
and 178.25 relating to criminal diversion of prescription medications
and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40,
180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery; sections
187.10, 187.15, 187.20 and 187.25 relating to residential mortgage
fraud, sections 190.40 and 190.42 relating to criminal usury; section
190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
ing to perjury and contempt; section 215.40 relating to tampering with
physical evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21,
220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55 [and], 220.60 AND
220.68 relating to controlled substances; sections 225.10 and 225.20
relating to gambling; sections 230.25, 230.30, and 230.32 relating to
promoting prostitution; section 230.34 relating to sex trafficking;
sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13, 265.18
and the provisions of section 265.10 which constitute a felony relating
to firearms and other dangerous weapons; and sections 265.14 and 265.16
relating to criminal sale of a firearm; and section 275.10, 275.20,
275.30, or 275.40 relating to unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
S 54. Paragraph (a) of subdivision 7 of section 480.00 of the penal
law, as added by chapter 655 of the laws of 1990, is amended to read as
follows:
(a) a conviction of a person for a violation of section 220.18,
220.21, 220.41, [or] 220.43, 220.68 OR 265.18 of this chapter, or where
the accusatory instrument charges one or more of such offenses,
A. 6085 27
conviction upon a plea of guilty to any of the felonies for which such
plea is otherwise authorized by law or a conviction of a person for
conspiracy to commit a violation of section 220.18, 220.21, 220.41, [or]
220.43, 220.68 OR 265.18 of [the penal law] THIS CHAPTER, where the
controlled substances which are the object of the conspiracy are located
in the real property which is the subject of the forfeiture action; or
S 55. Paragraphs (a) and (c) of subdivision 4-b of section 1310 of the
civil practice law and rules, as added by chapter 655 of the laws of
1990, are amended to read as follows:
(a) a conviction of a person for a violation of section 220.18,
220.21, 220.41, [or] 220.43, OR 220.68 of the penal law, or where the
accusatory instrument charges one or more of such offenses, conviction
upon a plea of guilty to any of the felonies for which such plea is
otherwise authorized by law or a conviction of a person for conspiracy
to commit a violation of section 220.18, 220.21, 220.41, [or] 220.43 OR
220.68 of the penal law, where the controlled substances which are the
object of the conspiracy are located in the real property which is the
subject of the forfeiture action; or
(c) a conviction of a person for a violation of section 220.09,
220.16, 220.34 [or], 220.39 OR 265.18 of the penal law, or a conviction
of a criminal defendant for a violation of section 221.30 of the penal
law, or where the accusatory instrument charges any such felony,
conviction upon a plea of guilty to a felony for which the plea is
otherwise authorized by law, together with evidence which: (i) provides
substantial indicia that the defendant used the real property to engage
in a continual, ongoing course of conduct involving the unlawful mixing,
compounding, manufacturing, warehousing, or packaging of controlled
substances or where the conviction is for a violation of section 221.30
of the penal law, marijuana, as part of an illegal trade or business for
gain; and (ii) establishes, where the conviction is for possession of a
controlled substance or where the conviction is for a violation of
section 221.30 of the penal law, marijuana, that such possession was
with the intent to sell it.
S 56. Section 8 of the state finance law is amended by adding a new
subdivision 21 to read as follows:
21. COMMENCING WITH THE ENACTMENT OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND NINE WHICH ADDED THIS SUBDIVISION, THE COMPTROLLER MAY: (A)
EXAMINE, AUDIT AND, PRIOR TO MARCH FIFTEENTH OF EACH YEAR, CERTIFY TO
THE GOVERNOR, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE AND THE
CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE THE ACTUAL ANNUAL
SAVINGS BY THE DEPARTMENT OF CORRECTIONAL SERVICES IN THE PREVIOUS
CALENDAR YEAR WHICH IS ATTRIBUTABLE TO THE IMPLEMENTATION OF CHAPTER
SEVEN HUNDRED THIRTY-EIGHT OF THE LAWS OF TWO THOUSAND FOUR, CHAPTER SIX
HUNDRED FORTY-THREE OF THE LAWS TWO THOUSAND FIVE AND THE CHAPTER OF THE
LAWS OF TWO THOUSAND NINE WHICH ADDED THIS SUBDIVISION. SUCH CERTIF-
ICATION SHALL BE BASED ON THE DECREASE IN THE NUMBER OF INMATE ADMIS-
SIONS AND THE REDUCTION IN INMATE LENGTH OF STAY FOR OFFENSES DEFINED IN
ARTICLES TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-ONE OF THE PENAL LAW,
AS WELL AS AN ESTIMATE OF THE EXTENT, IF ANY, BY WHICH ANY REDUCTION IN
THE CRIME RATE DURING SUCH CALENDAR YEAR AND ANY CORRESPONDING REDUCTION
IN THE NUMBER OF INMATE ADMISSIONS OR LENGTH OF STAY DURING SUCH PERIOD
WAS ATTRIBUTABLE TO THE PROVISION OF INCREASED DRUG TREATMENT, OFFENDER
SUPERVISION AND RELATED INITIATIVES, ENACTED BY SUCH CHAPTER; (B)
AUTHORIZE AND DIRECT THE TRANSFER OF FUNDS EQUAL TO SEVENTY-FIVE PERCENT
OF THE AMOUNT OF SAVINGS CERTIFIED UNDER PARAGRAPH (A) OF THIS SUBDIVI-
SION FROM THE GENERAL FUND TO THE CRIME REDUCTION FUND AUTHORIZED BY
A. 6085 28
SECTION NINETY-SEVEN-J OF THIS CHAPTER; AND (C) AUTHORIZE AND DIRECT THE
TRANSFER OF FUNDS EQUAL TO TWENTY-FIVE PERCENT OF THE AMOUNT OF SAVINGS
CERTIFIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION FROM THE GENERAL
FUND TO THE SCHOOL DRUG ABUSE PREVENTION FUND AUTHORIZED BY SECTION
NINETY-SEVEN-K OF THIS CHAPTER.
S 57. The state finance law is amended by adding two new sections
97-j and 97-k to read as follows:
S 97-J. CRIME REDUCTION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE
"CRIME REDUCTION FUND".
2. SUCH FUND SHALL CONSIST OF ALL MONEYS TRANSFERRED BY THE STATE
COMPTROLLER TO SUCH FUND FROM THE GENERAL FUND PURSUANT TO PARAGRAPH (B)
OF SUBDIVISION TWENTY-ONE OF SECTION EIGHT OF THIS CHAPTER.
3. MONEYS IN THE CRIME REDUCTION FUND SHALL BE AVAILABLE PURSUANT TO
APPROPRIATION BY THE LEGISLATURE TO THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES FOR PAYMENT TO LOCAL GOVERNMENTS AND
NOT-FOR-PROFIT CORPORATIONS, THE DIVISION OF PROBATION AND CORRECTIONAL
ALTERNATIVES FOR PAYMENT TO LOCAL PROBATION DEPARTMENTS AND NOT-FOR-PRO-
FIT CORPORATIONS, THE DIVISION OF PAROLE, THE OFFICE OF COURT ADMINIS-
TRATION, THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE DEPARTMENT
OF CORRECTIONAL SERVICES. MONEYS FROM THE FUND SHALL BE EXPENDED FOR
ALCOHOL AND SUBSTANCE ABUSE TREATMENT INCLUDING TREATMENT FOR PERSONS
WHO HAVE A SUBSTANCE ABUSE DEPENDENCY BUT HAVE NOT HAD CONTACT WITH THE
CRIMINAL JUSTICE SYSTEM WITH RESPECT TO SUCH DEPENDENCY, OFFENDER SUPER-
VISION AND RELATED SERVICES WHICH OPERATE PURSUANT TO THE CHAPTER OF THE
LAWS WHICH ADDED THIS SUBDIVISION. IN EACH YEAR, AT LEAST TWENTY PERCENT
OF THE FUNDS IN THE CRIME REDUCTION FUND ESTABLISHED PURSUANT TO THIS
SECTION SHALL BE APPROPRIATED TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES OF WHICH AMOUNT HALF SHALL BE APPORTIONED TO DISTRICT ATTORNEYS
AND HALF SHALL BE APPORTIONED TO LEGAL AID SOCIETIES, PUBLIC DEFENDERS
AND OTHER PUBLIC DEFENSE ENTITIES. ALL SUCH FUNDING SHALL BE USED TO
FINANCE SERVICES AND EXPENSES RELATED TO DRUG TREATMENT ALTERNATIVES TO
PRISON PROGRAMS, DRUG COURT PROGRAMS AND OTHER ALTERNATIVE TO INCARCERA-
TION PROGRAMS. ALL PROGRAMS FUNDED PURSUANT TO THIS SECTION SHALL BE
DESIGNED TO THE MAXIMUM EXTENT POSSIBLE TO REDUCE OFFENDER RECIDIVISM
AND CRIME. NOTWITHSTANDING THE FOREGOING, IN ANY STATE FISCAL YEAR, THE
LEGISLATURE MAY PROVIDE THAT UP TO FIVE PERCENT OF THE TOTAL AMOUNT OF
MONEYS TRANSFERRED TO THE CRIME REDUCTION FUND PURSUANT TO PARAGRAPH (B)
OF SUBDIVISION TWENTY-ONE OF SECTION EIGHT OF THIS CHAPTER BE APPROPRI-
ATED TO THE CRIME VICTIMS BOARD TO BE USED FOR CRIME VICTIM SERVICES.
4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE DIRECTOR OF
THE BUDGET.
5. MONEYS IN THE CRIME REDUCTION FUND SHALL BE USED TO SUPPLEMENT, NOT
SUPPLANT, OTHER FUNDING SOURCES.
S 97-K. SCHOOL DRUG ABUSE PREVENTION FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE
KNOWN AS THE "SCHOOL DRUG ABUSE PREVENTION FUND".
2. SUCH FUND SHALL CONSIST OF ALL MONEYS TRANSFERRED BY THE STATE
COMPTROLLER TO SUCH FUND FROM THE GENERAL FUND PURSUANT TO PARAGRAPH (C)
OF SUBDIVISION TWENTY-ONE OF SECTION EIGHT OF THIS CHAPTER.
3. MONEYS IN THE SCHOOL DRUG ABUSE PREVENTION FUND SHALL BE AVAILABLE
PURSUANT TO APPROPRIATION BY THE LEGISLATURE TO THE STATE EDUCATION
DEPARTMENT FOR DRUG PREVENTION AND TREATMENT PROGRAMS SERVING STUDENTS
IN PRE-KINDERGARTEN THROUGH GRADE TWELVE INCLUDING, BUT NOT LIMITED TO,
DRUG PREVENTION AND EDUCATION PROGRAMS, SCHOOL-BASED COUNSELING AND
A. 6085 29
TREATMENT FOR STUDENTS IDENTIFIED AS ABUSING DRUGS OR ALCOHOL, MENTORING
PROGRAMS, LIFE-SKILLS PROGRAMS WHICH INCLUDE DRUG RESISTANCE SKILLS AND
PROGRAMS DESIGNED TO EDUCATE AND HELP PARENTS REDUCE THEIR CHILDREN'S
RISK OF ABUSING DRUGS AND ALCOHOL, INCLUDING PROGRAMS OFFERING PRAGMAT-
IC, SAFETY-FOCUSED INITIATIVES, OUTREACH AND SUPPORT. NOTWITHSTANDING
THE FOREGOING, IN ANY STATE FISCAL YEAR, THE LEGISLATURE MAY PROVIDE
THAT UP TO FIVE PERCENT OF THE TOTAL AMOUNT OF MONEYS TRANSFERRED TO THE
SCHOOL DRUG ABUSE PREVENTION FUND PURSUANT TO PARAGRAPH (B) OF SUBDIVI-
SION TWENTY-ONE OF SECTION EIGHT OF THIS CHAPTER BE APPROPRIATED TO THE
CRIME VICTIMS BOARD TO BE USED FOR CRIME VICTIM SERVICES.
4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF THE STATE EDUCATION DEPARTMENT.
5. MONEYS IN THE SCHOOL DRUG ABUSE PREVENTION FUND SHALL BE USED TO
SUPPLEMENT, NOT SUPPLANT, OTHER FUNDING SOURCES.
S 58. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that:
(a) the amendments to section 410.91 of the criminal procedure law
made by section eighteen of this act shall not affect the repeal of such
section and shall be deemed repealed therewith;
(b) effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of the foregoing
sections of this act on their effective date is authorized and directed
to be made and completed within 120 days after the date on which this
act becomes a law;
(c) the amendments to subdivision 18 of section 2 of the correction
law, made by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to subdivision (q) of section
427 of chapter 55 of the laws of 1992, as amended, and subdivision (c)
of section 46 of chapter 60 of the laws of 1994, as amended, when upon
such date the provisions of section three of this act shall take effect;
(d) the amendments to section 851 of the correction law made by
section six of this act shall not affect the expiration of such section
and shall be deemed repealed therewith;
(e) with respect to subparagraph (ii) of paragraph (b-1) of subdivi-
sion 2 of section 259-i of the executive law as added by section twen-
ty-five of this act, the division of parole, in consultation with the
office of alcoholism and substance abuse services, shall, on or before
such effective date, promulgate a plan to implement the provisions of
such subparagraph (ii). Such plan shall provide for the enrollment and
participation of one-third of the persons described in such subparagraph
in such appropriate substance abuse treatment program services within
one year of the promulgation of the plan, an additional one-third of
such persons within 2 years of the promulgation of the plan and the
final one-third of such persons within 3 years of the promulgation of
the plan. A copy of such plan, and any updates thereto, shall be
provided to the chairs of the assembly committee on correction, commit-
tee on codes, committee on health and committee on alcoholism and drug
abuse, as well as the chairs of the senate committee on codes, committee
on health, committee on crime victims, crime and correction, and commit-
tee on alcoholism and drug abuse;
(f) with respect to subdivision 4-c of section 65.10 of the penal law
as added by section thirty-four of this act, the department of probation
and correctional alternatives, in consultation with the office of alco-
holism and substance abuse services, shall, on or before such effective
date, promulgate a plan that will assure full implementation of the
A. 6085 30
provisions of such subdivision 4-c. Such plan shall provide for the
enrollment and participation of one-third of the persons described in
such subdivision in such appropriate substance abuse treatment program
services within one year of the promulgation of the plan, an additional
one-third of such persons within 2 years of the promulgation of the plan
and the final one-third of such persons within 3 years of the promulga-
tion of the plan. A copy of such plan, and any updates thereto, shall be
provided to the chairs of the assembly committee on correction, commit-
tee on codes, committee on health, and committee on alcoholism and drug
abuse, as well as the chairs of the senate committee on codes, committee
on health, committee on crime victims, crime and correction, and commit-
tee on alcoholism and drug abuse;
(g) subdivision 4 of section 440.46 of the criminal procedure law as
added by section nineteen of this act shall take effect immediately;
(h) section fifty-six of this act shall take effect April 1, 2009; and
(i) the provisions of sections twenty-one, twenty-two, twenty-three,
and twenty-four of this act shall apply to convictions entered before,
on or after such date.