S T A T E O F N E W Y O R K
________________________________________________________________________
1843
2025-2026 Regular Sessions
I N A S S E M B L Y
January 14, 2025
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Correction
AN ACT to amend the executive law and the penal law, in relation to
authorizing early parole release for incarcerated individuals where
substance abuse was a significant contributing factor in the commis-
sion 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 10 to read as follows:
10. EARLY RELEASE FOR CERTAIN INCARCERATED INDIVIDUALS. (A) NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, WHERE AN INCARCERATED INDIVIDUAL'S
RECORD REVEALS THAT SUBSTANCE ABUSE WAS A SIGNIFICANT CONTRIBUTING
FACTOR IN THE COMMISSION OF SUCH INDIVIDUAL'S OFFENSE AND WHERE SUCH
INDIVIDUAL 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 INDIVIDUAL SHALL BE ELIGIBLE FOR
EARLY RELEASE TO COMMUNITY SUPERVISION ONCE SUCH INDIVIDUAL HAS
COMPLETED ONE-HALF OF SUCH INDIVIDUAL'S MINIMUM PERIOD OF INCARCERATION,
PROVIDED THAT SUCH INDIVIDUAL IS NOT SERVING A SENTENCE FOR AN A-I FELO-
NY, 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 INCARCERATED INDIVIDUAL 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.
LBD02235-01-5
A. 1843 2
(II) RELY ON A DETERMINATION BY THE DEPARTMENT BASED ON A RECORD
REVIEW ONCE AN INCARCERATED INDIVIDUAL IS OTHERWISE ELIGIBLE FOR EARLY
RELEASE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION THAT THE INCARCER-
ATED INDIVIDUAL 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 INCARCERATED INDIVIDUAL
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 INCARCERATED INDIVIDUAL, LOCAL AND STATE CORREC-
TIONAL FACILITY RECORDS, LAW ENFORCEMENT RECORDS, ANY DOCUMENTATION
PREPARED AT OR NEAR THE TIME OF THE COMMISSION OF THE OFFENSE, OR
VERIFICATION OF CONSULTATION WITH A LICENSED MEDICAL OR MENTAL HEALTH
PROFESSIONAL, SOCIAL WORKER OR EMPLOYEE OF AN AGENCY THAT PROVIDED
SUBSTANCE ABUSE TREATMENT OR COUNSELING TO THE INCARCERATED INDIVIDUAL.
(C) IN DETERMINING WHETHER TO RELEASE AN INCARCERATED INDIVIDUAL TO
EARLY PAROLE PURSUANT 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.