NY State Senate Bill 2021-S278

Senate Bill S278

2021-2022 Legislative Session

Relates to authorizing early parole release for inmates where substance abuse was a significant contributing factor in the commission of the offense

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to crime victims, crime and correction
Jan 06, 2021	referred to crime victims, crime and correction

2021-S278 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-i, Exec L; amd §60.04, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3440
2023-2024: S2889

2021-S278 (ACTIVE) - Summary

Relates to authorizing early parole release for inmates where substance abuse was a significant contributing factor in the commission of the offense.

2021-S278 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S278

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the executive law and the penal law, in relation to
authorizing early parole release for inmates where substance abuse was a
significant contributing factor in the commission of the offense

 
PURPOSE:

To permit the discretionary early release to parole of inmates who have
received drug treatment and remained drug free where substance abuse was
a significant contributing factor to their crimes.

 
SUMMARY OF PROVISIONS:

Section 1 amends Executive Law section 259-i by adding a new subdivision
9 to allow for the early release of inmates to parole where substance
abuse was a significant contributing factor in their crimes.

Section 2 amends section 60.04(6) of the penal law to permit a trial
court judge to make a finding that substance abuse was significant
contributing factor to a criminal defendant's crime.

 
JUSTIFICATION:

Given the current opioid epidemic and the number of people caught up in
cycles of addiction and drug use, it is time to revisit treatment and
punishment for people who commit crimes while suffering from addiction.
Inmates who successfully complete drug or alcohol treatment in prison
and who abstain from usage should be offered the chance to go out onto
parole early. This bill permits a sentencing judge or DOCCS upon review
of an inmate's record to declare that substance abuse was a significant
factor in the commission of such inmate's crime in order to allow the
inmate to earn his or her way back into society by a commitment to a
sober lifestyle. The Board of Parole may then decide whether or not to
release such a person to parole when he or she has served one-half of
his or her minimum sentence. Any released inmate who is not successful
on parole will be sent back to prison, at least until he or she has
completed his or her minimum sentence. This bill gives addicted inmates
an incentive to overcome their drug problems and allows them to return
to society more quickly once those problems are addressed.

 
LEGISLATIVE HISTORY:

2019-20:S3440/A1494 - Referred to Crime, Crime Victims, and Correction/
Referred to correction

 
FISCAL IMPLICATIONS:

None, it will save the state money by allowing people with addiction
problems to serve shorter prison sentences.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act takes effect on the 120th day after it shall have become a law.

2021-S278 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    278
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 and the penal law, in relation to
   authorizing early parole release for inmates where substance abuse was
   a significant contributing factor in the commission of the offense
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 259-i of the executive law is amended by adding a
 new subdivision 9 to read as follows:
   9. EARLY RELEASE FOR CERTAIN INMATES. (A)  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF LAW, WHERE AN INMATE'S RECORD REVEALS THAT SUBSTANCE ABUSE
 WAS A SIGNIFICANT CONTRIBUTING FACTOR IN THE COMMISSION OF  HIS  OR  HER
 OFFENSE  AND  WHERE  SUCH INMATE HAS SUCCESSFULLY COMPLETED A PROGRAM OF
 TREATMENT WITHIN A CORRECTIONAL FACILITY FOR ALCOHOL OR SUBSTANCE  ABUSE
 AND  HAS  NOT  BEEN DISCIPLINED BY THE DEPARTMENT FOR DRUG, MARIHUANA OR
 ALCOHOL USE FOR A MINIMUM PERIOD OF TWO YEARS PRIOR TO  THE  APPLICATION
 FOR  EARLY  RELEASE  PURSUANT  TO THIS SUBDIVISION, SUCH INMATE SHALL BE
 ELIGIBLE FOR EARLY RELEASE TO COMMUNITY SUPERVISION ONCE HE OR  SHE  HAS
 COMPLETED  ONE-HALF  OF  HIS  OR  HER  MINIMUM  PERIOD OF INCARCERATION,
 PROVIDED THAT HE OR SHE IS NOT SERVING A SENTENCE  FOR  AN  A-I  FELONY,
 OTHER  THAN  AN A-I FELONY PURSUANT TO ARTICLE TWO HUNDRED TWENTY OF THE
 PENAL LAW, OR A VIOLENT FELONY OFFENSE  PURSUANT  TO  SECTION  70.04  OR
 70.08  OF  THE PENAL LAW. THE DEPARTMENT SHALL CERTIFY TO THE BOARD THAT
 AN INMATE IS ELIGIBLE FOR EARLY RELEASE TO  COMMUNITY  SUPERVISION  WHEN
 SUCH ELIGIBILITY CRITERIA ARE MET.
   (B)  TO DETERMINE WHETHER SUBSTANCE ABUSE WAS A SIGNIFICANT CONTRIBUT-
 ING FACTOR IN THE COMMISSION OF THE OFFENSE, THE BOARD SHALL:
   (I) RELY ON A FINDING THAT SUBSTANCE ABUSE WAS A SIGNIFICANT  CONTRIB-
 UTING FACTOR IN THE COMMISSION OF THE OFFENSE BY THE SENTENCING COURT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02383-01-1

 S. 278                              2
 
   (II)  RELY  ON  A  DETERMINATION  BY  THE DEPARTMENT BASED ON A RECORD
 REVIEW ONCE AN INMATE IS OTHERWISE ELIGIBLE FOR EARLY  RELEASE  PURSUANT
 TO  PARAGRAPH (A) OF THIS SUBDIVISION THAT THE INMATE WAS ABUSING ONE OR
 MORE SUBSTANCES AT THE TIME OF THE COMMISSION OF THE CRIME AND THAT SUCH
 SUBSTANCE  ABUSE  APPEARS TO HAVE BEEN A SIGNIFICANT CONTRIBUTING FACTOR
 IN THE COMMISSION OF SUCH OFFENSE; OR
   (III) MAKE A FINDING THAT SUBSTANCE USE WAS A SIGNIFICANT CONTRIBUTING
 FACTOR IN THE COMMISSION OF THE CRIME WHEN THE  INMATE  IS  INCARCERATED
 WITH  A  CONVICTION  FOR  ANY  CRIME  IN  WHICH  DRUG  OR ALCOHOL USE OR
 POSSESSION WAS AN ELEMENT.
   EVIDENCE IN SUPPORT OF THE DETERMINATION THAT SUBSTANCE  ABUSE  WAS  A
 SIGNIFICANT  CONTRIBUTING  FACTOR  IN  THE COMMISSION OF THE OFFENSE MAY
 INCLUDE, BUT SHALL NOT BE  LIMITED  TO,  A  COURT  RECORD,  PRE-SENTENCE
 REPORT,  SOCIAL  SERVICES  RECORD, HOSPITAL RECORD, SWORN STATEMENT OF A
 WITNESS OTHER THAN THE INMATE, LOCAL  AND  STATE  CORRECTIONAL  FACILITY
 RECORDS,  LAW ENFORCEMENT RECORDS, ANY DOCUMENTATION PREPARED AT OR NEAR
 THE TIME OF THE COMMISSION OF THE OFFENSE, OR VERIFICATION OF  CONSULTA-
 TION WITH A LICENSED MEDICAL OR MENTAL HEALTH PROFESSIONAL, SOCIAL WORK-
 ER  OR  EMPLOYEE OF AN AGENCY THAT PROVIDED SUBSTANCE ABUSE TREATMENT OR
 COUNSELING TO THE INMATE.
   (C) IN DETERMINING WHETHER TO RELEASE AN INMATE TO EARLY PAROLE PURSU-
 ANT TO THIS SUBDIVISION, THE BOARD SHALL APPLY  THE  FACTORS  LISTED  IN
 PARAGRAPH  (C)  OF  SUBDIVISION  TWO  OF  THIS SECTION AND SHALL FURTHER
 CONSIDER ANY FACTS OR CIRCUMSTANCES SUBMITTED BY THE APPLICANT  AND  MAY
 TAKE WITNESS TESTIMONY.
   §  2.  Subdivision  6 of section 60.04 of the penal law, as amended by
 section 120 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   6. Substance abuse treatment. When the court  imposes  a  sentence  of
 imprisonment  which  requires  a  commitment  to the state department of
 corrections and community supervision upon a person who stands convicted
 of a controlled substance or marihuana  offense,  the  court  may,  upon
 motion  of  the  defendant  in  its discretion,  MAKE A FINDING THAT THE
 SUBSTANCE ABUSE WAS A SIGNIFICANT CONTRIBUTING FACTOR IN THE  COMMISSION
 OF  THE  OFFENSE AND/OR MAY issue an order directing that the department
 of corrections and community supervision enroll  the  defendant  in  the
 comprehensive  alcohol and substance abuse treatment program in an alco-
 hol and substance abuse correctional annex  as  defined  in  subdivision
 eighteen of section two of the correction law, provided that the defend-
 ant will satisfy the statutory eligibility criteria for participation in
 such  program. Notwithstanding the foregoing provisions of this subdivi-
 sion, any defendant to be enrolled in  such  program  pursuant  to  this
 subdivision  shall be governed by the same rules and regulations promul-
 gated by  the  department  of  corrections  and  community  supervision,
 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.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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