S T A T E O F N E W Y O R K
________________________________________________________________________
7656
I N S E N A T E
May 23, 2014
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Introduced by Sens. NOZZOLIO, BALL, BONACIC, BOYLE, FELDER, GALLIVAN,
GOLDEN, GRIFFO, HANNON, LANZA, LITTLE, MARCELLINO, MARCHIONE, MARTINS,
MAZIARZ, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SAVINO, SEWARD, VALE-
SKY, YOUNG -- 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 correction law and the criminal procedure law, in
relation to eliminating shock treatment for class A-II felony drug
offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 865 of the correction law, as
amended by chapter 377 of the laws of 2010, 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 fifty years, who has not previously been convicted of
a violent felony as defined in article seventy of the penal law, or a
felony in any other jurisdiction which includes all of the essential
elements of any such violent felony, upon which an indeterminate or
determinate term of imprisonment was imposed and who was between the
ages of sixteen and fifty years at the time of commission of the crime
upon which his or her present sentence was based. 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) any homicide offense as defined in article one
hundred twenty-five of the penal law, (d) any felony sex offense as
defined in article 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, AND (F) ANY CLASS A-II FELONY DRUG OFFENSE DEFINED IN
ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW EXCEPT WHERE THE INMATE
TESTED POSITIVE FOR USE OF A CONTROLLED SUBSTANCE AS DEFINED IN SUBDIVI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S LBD15371-03-4
S. 7656 2
SION FIVE OF SECTION 220.00 OF THE PENAL LAW UPON ARRAIGNMENT OF THE
CHARGES PURSUANT TO VOLUNTARY DRUG TEST PROVISIONS OF SUBDIVISION SEVEN
OF SECTION 180.10 OF THE CRIMINAL PROCEDURE LAW OR SUBDIVISION SEVEN OF
SECTION 210.15 OF THE CRIMINAL PROCEDURE LAW.
S 2. Section 180.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
7. UPON THE ARRAIGNMENT OF A DEFENDANT CHARGED WITH EITHER A CLASS A-I
OR CLASS A-II FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL
LAW, THE COURT, UNLESS IT INTENDS IMMEDIATELY THEREAFTER TO DISMISS THE
FELONY COMPLAINT AND TERMINATE THE ACTION, SHALL ADVISE THE DEFENDANT
THAT UPON DEFENDANT'S REQUEST, THE COURT WILL ORDER THE IMMEDIATE DRUG
TESTING OF THE DEFENDANT FOR THE SOLE PURPOSES OF DETERMINING POTENTIAL
FUTURE ELIGIBILITY OF THE DEFENDANT FOR THE SHOCK INCARCERATION PROGRAM
UNDER ARTICLE TWENTY-SIX-A OF THE CORRECTION LAW. ANY RESULTS OF SAID
TESTING SHALL REMAIN IN THE CUSTODY OF THE COURT AND SHALL ONLY BE USED
AT SENTENCE FOR THE PURPOSE OF NOTIFYING THE STATE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION OF THE DEFENDANT'S POTENTIAL
ELIGIBILITY FOR THE SHOCK INCARCERATION PROGRAM.
S 3. Section 210.15 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
7. UPON THE ARRAIGNMENT OF A DEFENDANT CHARGED WITH EITHER A CLASS A-I
OR CLASS A-II FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL
LAW, THE COURT, UNLESS IT INTENDS IMMEDIATELY THEREAFTER TO DISMISS THE
INDICTMENT AND TERMINATE THE ACTION, SHALL ADVISE THE DEFENDANT THAT
UPON DEFENDANT'S REQUEST, THE COURT WILL ORDER THE IMMEDIATE DRUG TEST-
ING OF THE DEFENDANT FOR THE SOLE PURPOSES OF DETERMINING POTENTIAL
FUTURE ELIGIBILITY OF THE DEFENDANT FOR THE SHOCK INCARCERATION PROGRAM
UNDER ARTICLE TWENTY-SIX-A OF THE CORRECTION LAW. ANY RESULTS OF SAID
TESTING SHALL REMAIN IN THE CUSTODY OF THE COURT AND SHALL ONLY BE USED
AT SENTENCE FOR THE PURPOSE OF NOTIFYING THE STATE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION OF THE DEFENDANT'S POTENTIAL
ELIGIBILITY FOR THE SHOCK INCARCERATION PROGRAM.
S 4. This act shall take effect immediately.