senate Bill S1508

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 07, 2012 defeated in crime victims, crime and correction
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to crime victims, crime and correction
Jan 10, 2011 referred to crime victims, crime and correction

Votes

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Mar 7, 2012 - Crime Victims, Crime and Correction committee Vote

S1508
4
8
committee
4
Aye
8
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Mar 7, 2012

aye wr (2)

Co-Sponsors

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S1508 - Details

See Assembly Version of this Bill:
A4841
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §249-a, Exec L; amd §390.30, CP L; add §60.14, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1270, A1677

S1508 - Summary

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

S1508 - Sponsor Memo

S1508 - Bill Text download pdf

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

                                  1508

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced by Sens. MONTGOMERY, BRESLIN, DILAN, DUANE, HASSELL-THOMPSON,
  KRUEGER  --  read  twice  and  ordered printed, and when printed to be
  committed to the Committee on Crime Victims, Crime and Correction

AN ACT to amend the executive law, the criminal procedure  law  and  the
  penal  law,  in  relation  to  establishing  substance abuse treatment
  alternatives for certain offenders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The executive law is amended by adding a new section 249-a
to read as follows:
  S 249-A. SUBSTANCE ABUSE TREATMENT ALTERNATIVE  PROGRAMS  FOR  CERTAIN
OFFENDERS.  1. THE DIRECTOR SHALL ENTER INTO AGREEMENTS WITH RESIDENTIAL
SUBSTANCE ABUSE TREATMENT PROGRAMS TO PROVIDE FOR THE CARE AND TREATMENT
OF ELIGIBLE OFFENDERS SENTENCED PURSUANT TO SECTION 60.14 OF  THE  PENAL
LAW.
  2.  SUCH  PROGRAMS  SHALL  BE LICENSED BY THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES AND  SHALL  BE  APPROVED  BY  THE  DIVISION  OF
PROBATION AND CORRECTIONAL ALTERNATIVES.
  3.  UPON  THE  SATISFACTORY COMPLETION OF THE COURSE OF TREATMENT, THE
ELIGIBLE OFFENDER SHALL HAVE THE COURT IMPOSED SENTENCE  OF  CONDITIONAL
DISCHARGE TERMINATED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 410.90
OF THE CRIMINAL PROCEDURE LAW.
  S  2. Paragraph (a) of subdivision 3 of section 390.30 of the criminal
procedure law, as added by chapter 14 of the laws of 1985, is amended to
read as follows:
  (a) The report of the pre-sentence investigation must contain an anal-
ysis of as much of the information gathered in the investigation as  the
agency  that  conducted the investigation deems relevant to the question
of sentence.  WHERE APPROPRIATE, THE REPORT SHALL  INCLUDE  A  TREATMENT
PLAN  INCLUDING  BUT  NOT  LIMITED  TO  A  LISTING OF AVAILABLE LICENSED
SUBSTANCE ABUSE PROGRAMS TO PROVIDE FOR THE CARE AND TREATMENT OF OFFEN-

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

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