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

Summary of provisions

Section 1 amends the Executive Law by adding a new section 249-a which directs the State Director of Probation and Correctional Alternatives to enter into agreements with residential treatment providers to provide for the treatment and care of drug offenders who are sentenced to substance abuse treatment pursuant to Penal Law § 60.14. These programs must be licensed by the Office of Alcoholism and Substance Abuse Services and must be approved by the Division of Probation and Correctional Alternatives.

Section 2 amends the Criminal Procedure Law § 390.30 to provide that a pre-sentence investigation report shall include a listing of available licensed substance abuse programs to provide treatment to offenders who are eligible under Penal Law § 60.14.

Section 3 amends the Penal Law to add a new section 60.14, which authorizes a sentence of conditional discharge, provided that the offender agrees to attend and successfully complete a substance abuse treatment program specified by the court. Eligible offenders are those persons who stand convicted of criminal possession of a controlled substance in the 5th and 7th degrees, or criminal possession of marijuana in the 3rd degree, who have no more than one prior conviction for such an offense,and who have no prior history of violence.

The court retains jurisdiction over the individual while lie or she undergoes treatment. Upon successful completion of the program, the charge is dismissed. If the program is not successfully completed, the conditional discharge is revoked and the offender is sentenced as if convicted of the original charge.

Justification

New York State's drug laws are not cost effective because they have led to prison crowding without enhancing public safety, and because they have led to dramatic increases in prison spending. These laws are inequitable because they hurt minority communities, and they are unjust because they don't distinguish between a one-time drug offender who is simply acting as a "mule" and a "drug kingpin."

Drug abuse is a terrible evil that has destroyed many lives. But the failure of the law enforcement approach of the so-called "War on Drugs" is evidenced by the many thousands of non-violent drug offenders in our prisons, while drugs continue to be sold and used in our communities.

New York must return to its justices the flexibility and discretion and sentencing that they once used to treat persons with drug problems as individuals. "Lock'em up and throw away the key" and prison construction may be politically popular, but it is fiscally irresponsible to incarcerate non-violent drug offenders and destructive to the communities that these offenders come from. A recent study published by the Drug Policy Research Center of the RAND Corporation concluded that long prison sentences cost more than drug treatment, and do less to reduce drug consumption. The RAND study demonstrates that we can do more to reduce drug-related violence and drug consumption by mandating treatment rather than simply mandating long prison sentences.

This legislation is designed to implement an approach that treats drug abuse as a public health problem as opposed to a criminal justice problem. It will permit the state to spend a fraction of that amount on drug treatment programs. The savings can be used for many things, including drug treatment prevention programs for children.

This bill targets non-violent offenders who are charged with simple drug possession and low-level drug sales, and offers the sentencing judge the opportunity to sentence these offenders to treatment instead of prison. It does not alter the current penalties for high-level drug possessors and drug dealers.

Legislative history

1999-2000: S.3386 Died in Committee 2001-2002: S.1107 Died in Committee 2003-2004: S.1629 Died in Committee 2005-2006: S.1494 Died in Committee 2007-2008: S.2121 Died in Committee 2009-2010: S.1270 Died in Committee 2011-2012: S.1508 Died in Committee 2013-2014: S.1870 Died in Committee

Fiscal implications

Undetermined.

Effective date

This act will take effect on the one hundred eightieth day after it shall have become law.