Establishes a drug treatment alternative to incarceration for certain offenders; appropriation

The measure amends section 70.06 of the Penal Law to afford judges wider discretion in sentencing second felony offenders convicted of a D or E level drug offense whose predicate offense was non-violent to mandatory residential drug treatment as an alternative to state prison. Before exercising this discretion, a judge must first determine that the offender does not merit a long period of incarceration, that the person is in need of substance abuse treatment, and that the offender is not a significant player in a drug enterprise. The treatment would be imposed as a condition of a sentence of conditional discharge. Upon successful completion of the treatment program, the offender's conditional discharge will be terminated. If the offender absconds or otherwise violates the conditions imposed or if the court determines that the confinement of the offender in the substance abuse treatment alternative program is no longer suitable because it endangers the safety, security or order of such facility, the offender will be sentenced to mandatory prison time as a second felony offender. The initiative amends the executive law by adding a new section 837-m authorizing the division of criminal justice services to establish with in the division of parole an enforcement unit to work with district attorneys in counties with five hundred or fewer eligible offenders sentenced to alternative treatment programs and the treatment providers. The unit will be established for the purpose of locating, apprehending and re-arresting offenders who have absconded from or violated terms or conditions of conditional discharge during participation in a treatment alternative program. In counties with more than 500 eligible offenders participating in substance abuse treatment alternative programs, the D.A. shall apply to the Commissioner of DCJS for funds to establish the enforcement unit.Finally, the bill amends the penal law by adding a new section 220.77 for drug dealers who control the street trade. A person guilty of operating an illegal drug enterprise when he knowingly and unlawfully has a substantial proprietary or other authoritative control of an enterprise dedicated to the illegal sale or distribution of drugs could be sentenced as a class C felon.

Effects of present law which this bill would alter

The law now makes it mandatory for a judge to sentence a non-violent second felony addict to incarceration in a state prison cell. The judge has no discretion to decide whether incarceration is an appropriate or effective penalty. Pursuant to this amendment, a judge would have the option of sentencing a second felon with a D or E drug conviction to incarceration in a state prison or residential drug treatment.

Justification

It is futile in the name of public safety and the drug war to use a limited number of expensive jail and prison cells to incarcerate easily replaceable addicts who sell drugs to support their own habit. The only way to break this cycle is effective treatment. This bill affords the judiciary the flexibility to decide on a defendant by defendant basis whether long periods of incarceration are warranted by low-level drug offenders. To the extent that low-level drug offenders are given other forms of punishment, prison cells will be available to incarcerate violent offenders and major drug operators.

Fiscal implications for state & local governments

The bill appropriates $21 million to DCJS in consultation and coordination with DSS and DAAA, the division of parole and the division of probation and correctional alternatives to fund treatment slots and the enactment of the bill due to the reduction in the need for capital construction of correctional facilities and the elimination of the operating costs for maintaining these offenders in state correctional facilities.

Effective date

The first of November next succeeding the date on which it shall have become law.