Youth Prison Alternatives Program

Section 1. Section 2 of the correction law is amended by adding a new subdivision 15-a to read as follows:

15-a. "Alternative to incarceration program for youth facility". A correctional facility designated by the commissioner as an institution that may conduct an alternative to incarceration program for youth.

§ 2. Subdivision 3 of section 70 of the correction law is amended by adding a new paragraph (c) to read as follows:

(c) A correctional camp or an alternative to incarceration program for youth facility, may be established by the department (i) upon land controlled and designated by the commissioner, or (ii) on land controlled and designated by the commissioner of parks, recreation and historic preservation or, in the sixth park region, by the commissioner of environmental conservation.

§ 3. Paragraph (b) of subdivision 6 of section 70 of the correction law, as amended by chapter 338 of the laws of 1989, is amended to read as follows:

(b) Each facility shall be classified with respect to the function served in accordance with one or more of the following categories: (i) reception center; (ii) residential treatment facility; (iii) detention center; (iv) correctional camp; (v) diagnostic and treatment center; (vi) general confinement facility; (vii) work release facility; (viii) shock incarceration correctional facility; (ix) alternative to incarceration program for youth facility; (x) alcohol and substance abuse treat-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD10287-01-7

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ment facility; [(x)] (xi) alcohol and substance abuse treatment correctional annex.

§ 4. The correction law is amended by adding a new article 26-B to read as follows:

ARTICLE 26-B

ALTERNATIVE TO INCARCERATION PROGRAM FOR YOUTH Section 868. Establishment of alternative to incarceration program for

youth.

869. Alternative to incarceration program for youth guidelines.

§ 868. Establishment of alternative to incarceration program for youth. 1. The commissioner, guided by consideration for the safety of the community and the welfare of the inmate, shall promulgate rules and regulations for the alternative to incarceration program for youth as defined in section eight hundred sixty-nine of this article. Such rules and regulations shall reflect the purpose of the program and shall include, but not be limited to, participation criteria, inmate discipline, programming and supervision, and program structure and administration.

2. The commissioner shall appoint or cause to be appointed an alternative to incarceration for youth program supervisory committee at one or more designated correctional facilities, which shall meet on a regularly scheduled basis to review all eligible inmates, as defined in section eight hundred sixty-nine of this article, transferred to such facility for screening and all applications for the alternative to incarceration program for youth.

3. Alternative to incarceration programs may be established only at institutions classified by the commissioner as alternative to incarceration facilities.

4. The department may contract with the office of alcoholism and substance abuse services, the office of mental health and the office of children and family services for the provision of such services as may be required to assure the success of the program.

5. The department shall conduct an ongoing evaluation of the program to ensure that the programmatic objectives are met. The department shall undertake some studies and prepare reports annually on the impact of the program. The reports shall be delivered to the governor, the temporary president of the senate, and the speaker of the assembly by December thirty-first in each year.

§ 869. Alternative to incarceration program for youth guidelines.

1. As used in this article, the following terms shall mean:

(a) "Eligible inmate" means a person sentenced to an indeterminate term of imprisonment issued in accordance with sections 70.00, 70.05 or 70.15 of the penal law, or sentenced to a determinate term of imprisonment issued in accordance with paragraph (a) of subdivision two of section 70.70 of the penal law, who is currently serving their term of imprisonment, who has not been previously convicted of a 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 felony, who was at least sixteen years of age, but not over eighteen years of age, 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: (i) a violent felony offense as defined in article seventy of the penal law, (ii) any crime classified as a class A felony offense, (iii) any homicide offense as defined in article one hundred twenty-five of the penal law, (iv) any felony sex offense as

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defined in article one hundred thirty of the penal law and (v) any escape or absconding offense as defined in article two hundred five of the penal law. Eligible inmates may be selected from a local correctional facility, any state operated correctional facility or a facility for juvenile offenders designated pursuant to subdivision four of section 70.20 of the penal law.

(b) "Alternative to incarceration for youth program" means a program pursuant to which eligible inmates are selected to participate in the program and serve a reduced sentence in an alternative to incarceration for youth facility, which shall provide rigorous physical activity, intensive regimentation and discipline and rehabilitation therapy and programming. Upon successful completion of an alternative to incarceration for youth program, and all post-supervision requirements otherwise provided by law, the inmate shall be eligible to apply for the sealing of their criminal record, pursuant to this article.

2. (a) An eligible inmate may make an application to the alternative to incarceration for youth program supervisory committee for permission to participate in the alternative to incarceration for youth program. An eligible offender, serving their term of imprisonment in a local correctional facility, must obtain consent from the sheriff in order to apply to the alternative to incarceration for youth program. An eligible offender, serving their term of imprisonment in a facility designated pursuant to subdivision four of section 70.20 of the penal law must obtain consent from the commissioner of the office of children and family services in order to apply to the alternative to incarceration for youth program.

(b) If the alternative to incarceration for youth supervisory committee determines that an inmate's participation in the alternative to incarceration for youth program is consistent with the safety of the community, the welfare of the applicant and the rules and regulations of the department, the committee shall forward the application to the commissioner or his or her designee for approval or disapproval.

(c) Paragraphs (a) and (b) of this subdivision shall apply to a judicially sentenced alternative to incarceration for youth program inmate only to the extent that the screening committee may determine whether the inmate has a medical or mental health condition that will render the inmate unable to successfully complete the alternative to incarceration for youth program. Notwithstanding paragraph (f) of this subdivision, an inmate sentenced to an alternative to incarceration for youth program shall promptly commence participation in the program when such inmate is an eligible inmate pursuant to this section.

(d) Applicants may not participate in the alternative to incarceration for youth program unless they agree to be bound by all the terms and conditions thereof and indicate such agreement by signing the memorandum of the program immediately below a statement reading as follows: "I accept the foregoing program and agree to be bound by the terms and conditions thereof. I understand that my participation in the program is a privilege that may be revoked at any time at the sole discretion of the commissioner. I understand that I must successfully complete the entire program to obtain an early release upon the completion of said program, and in the event that I do not successfully complete said program, for any reason, I will be transferred to a non-alternative to incarceration for youth facility to continue service of my sentence." Applicants who are admitted to the program from a local correctional facility, but who do not successfully complete the program, shall be

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transferred back to the local correctional facility from which they were admitted to the program.

(e) Notwithstanding any other law to the contrary, an inmate who received: (i) a determinate sentence pursuant to paragraph (a) of subdivision two of section 70.70 of the penal law, who successfully participated in an alternative to incarceration for youth program for a period of time equal to one-half of their determinate sentence, shall be immediately eligible to be conditionally released; and (ii) an indeterminate sentence, who successfully participated in an alternative to incarceration for youth program for a period of time equal to one-half of their minimum sentence issued in accordance with paragraph (b) of subdivision three of section 70.00, paragraph (c) of subdivision three of section 70.05 or section 70.15 of the penal law, shall be immediately eligible to be conditionally released.

(f) Participation in an alternative to incarceration for youth program shall be a privilege. Nothing contained in this article may be construed to confer upon any inmate the right to participate or continue to participate therein.

(g) Inmates who successfully participated in an alternative to incarceration for youth program, who receive early release pursuant to paragraph (e) of this subdivision, shall also be eligible to apply for conditional sealing, as provided for in section 160.65 of the criminal procedure law.

§ 5. Subdivision 7 of section 72 of the correction law, as added by chapter 261 of the laws of 1987, is amended to read as follows:

7. An inmate of a shock incarceration correctional facility or an alternative to incarceration program for youth facility may be permitted to leave the facility to participate in programs in accordance with the provisions of article twenty-six-A of this chapter and article twentysix-B of this chapter, respectively.

§ 6. Paragraph (e) of subdivision 2 of section 259-i of the executive law, as added by chapter 55 of the laws of 1992, is amended to read as follows:

(e) Notwithstanding the requirements of paragraph (a) of this subdivision, the determination to parole an inmate who has successfully completed the shock incarceration program pursuant to section [two] eight hundred sixty-seven of the correction law, or an alternative to incarceration program for youth as described in section eight hundred sixty-nine of the correction law, may be made without a personal interview of the inmate and shall be made in accordance with procedures set forth in the rules of the board. If parole is not granted, the time period for reconsideration shall not exceed the court imposed minimum.

§ 7. Subdivision 7 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:

7. a. Shock incarceration and alternative to incarceration program for youth program participation. When the court imposes a sentence of imprisonment which requires a commitment to the department of corrections and community supervision upon a person who stands convicted of a controlled substance or marihuana offense, upon motion of the defendant, the court may issue an order directing that the department of corrections and community supervision enroll the defendant in the shock incarceration program as defined in article twenty-six-A of the correction law, or an alternative to incarceration program for youth as defined in article twenty-six-B of the correction law, provided that the defendant is an eligible inmate, as described in subdivision one of section eight

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hundred sixty-five of the correction law or as described in paragraph (a) of subdivision one of section eight hundred sixty-nine of the correction law, respectively. Notwithstanding the foregoing provisions of this subdivision, any defendant to be enrolled in such program pursuant to this subdivision shall be governed by the same rules and regulations promulgated by the department of corrections and community supervision, including without limitation those rules and regulations establishing requirements for completion and such rules and regulations governing discipline and removal from the program.