What's happening
This bill allows inmates who complete a judicially-ordered substance abuse treatment program to become eligible for temporary release.
Why it matters
Expands access to early release for those who complete court-ordered substance abuse treatment programs. , potentially incentivizing participation in rehabilitation and supporting the reentry of individuals with addiction issues.
Shifts the eligibility for temporary release from being strictly time-based (approaching parole or conditional release) to including successful treatment program completion. , which could allow some inmates to access community-based programs, employment, or family support sooner than before.
May reduce prison overcrowding and associated costs. by enabling certain nonviolent offenders to transition out of incarceration earlier if they demonstrate rehabilitation through treatment completion, aligning with broader criminal justice reform goals.
Excludes individuals convicted of violent, sexual, or escape-related offenses from this expanded eligibility. , maintaining public safety limitations while targeting the reform toward lower-risk, treatment-responsive populations.
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Who cares
Headline styles
Expand Treatment Release Eligibility
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Rehab-Based Early Release
Assembly Floor Calendar · Sponsor Diana Richardson
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4324
2019-2020 Regular Sessions
IN SENATE
March 7, 2019
Introduced by Sen. SEPULVEDA -- 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 correction law and the penal law, in relation to temporary release eligibility for judicially ordered comprehensive alcohol and substance abuse treatment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 851 of the correction law, as amended by chapter 60 of the laws of 1994, the opening paragraph as amended by chapter 320 of the laws of 2006, the closing paragraph as amended by section 42 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
2. "Eligible inmate" means: a person confined in an institution who is eligible for release on parole or who will become eligible for release on parole or conditional release within two years or who has completed a judicially-ordered substance abuse treatment program in a state correctional facility pursuant to subdivision six of section 60.04 of the penal law. Provided, however, that a person under sentence for an offense defined in paragraphs (a) and (b) of subdivision one of section 70.02 of the penal law, where such offense involved the use or threatened use of a deadly weapon or dangerous instrument shall not be eligible to participate in a work release program until he or she is eligible for release on parole or who will be eligible for release on parole or conditional release within eighteen months. Provided, further, however, that a person under a determinate sentence as a second felony drug offender for a class B felony offense defined in article two hundred twenty of the penal law, who was sentenced pursuant to section 70.70 of such law, shall not be eligible to participate in a temporary release program until the time served under imprisonment for his or her determinate sentence, including any jail time credited pursuant to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04522-01-9
S. 4324 2
provisions of article seventy of the penal law, shall be at least eighteen months. In the case of a person serving an indeterminate sentence of imprisonment imposed pursuant to the penal law in effect after September one, nineteen hundred sixty-seven, for the purposes of this article parole eligibility shall be upon the expiration of the minimum period of imprisonment fixed by the court or where the court has not fixed any period, after service of the minimum period fixed by the state board of parole. If an inmate is denied release on parole, such inmate shall not be deemed an eligible inmate until he or she is within two years of his or her next scheduled appearance before the state parole board. In any case where an inmate is denied release on parole while participating in a temporary release program, the department shall review the status of the inmate to determine if continued placement in the program is appropriate. No person convicted of any escape or absconding offense defined in article two hundred five of the penal law shall be eligible for temporary release. Further, no person under sentence for aggravated harassment of an employee by an inmate as defined in section 240.32 of the penal law for, any homicide offense defined in article one hundred twenty-five of the penal law, for any sex offense defined in article one hundred thirty of the penal law, or for an offense defined in section 255.25, 255.26 or 255.27 of the penal law shall be eligible to participate in a work release program as defined in subdivision three of this section. Nor shall any person under sentence for any sex offense defined in article one hundred thirty of the penal law be eligible to participate in a community services program as defined in subdivision five of this section. Notwithstanding the foregoing, no person who is an otherwise eligible inmate who is under sentence for a crime involving: (a) infliction of serious physical injury upon another as defined in the penal law or (b) any other offense involving the use or threatened use of a deadly weapon may participate in a temporary release program without the written approval of the commissioner. The commissioner shall promulgate regulations giving direction to the temporary release committee at each institution in order to aid such committees in carrying out this mandate.
The governor, by executive order, may exclude or limit the participation of any class of otherwise eligible inmates from participation in a temporary release program. Nothing in this paragraph shall be construed to affect either the validity of any executive order previously issued limiting the participation of otherwise eligible inmates in such program or the authority of the commissioner to impose appropriate regulations limiting such participation.
§ 2. Subdivision 2 of section 851 of the correction law, as amended by chapter 447 of the laws of 1991, the opening paragraph as amended by chapter 252 of the laws of 2005, and the closing paragraph as amended by section 43 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
2. "Eligible inmate" means: a person confined in an institution who is eligible for release on parole or who will become eligible for release on parole or conditional release within two years or who has completed a judicially-ordered substance abuse treatment program in a state correctional facility pursuant to subdivision six of section 60.04 of the penal law. Provided, that a person under a determinate sentence as a second felony drug offender for a class B felony offense defined in article two hundred twenty of the penal law, who was sentenced pursuant to section 70.70 of such law, shall not be eligible to participate in a temporary release program until the time served under imprisonment for
S. 4324 3
his or her determinate sentence, including any jail time credited pursuant to the provisions of article seventy of the penal law, shall be at least eighteen months. In the case of a person serving an indeterminate sentence of imprisonment imposed pursuant to the penal law in effect after September one, nineteen hundred sixty-seven, for the purposes of this article parole eligibility shall be upon the expiration of the minimum period of imprisonment fixed by the court or where the court has not fixed any period, after service of the minimum period fixed by the state board of parole. If an inmate is denied release on parole, such inmate shall not be deemed an eligible inmate until he or she is within two years of his or her next scheduled appearance before the state parole board. In any case where an inmate is denied release on parole while participating in a temporary release program, the department shall review the status of the inmate to determine if continued placement in the program is appropriate. No person convicted of any escape or absconding offense defined in article two hundred five of the penal law shall be eligible for temporary release. Nor shall any person under sentence for any sex offense defined in article one hundred thirty of the penal law be eligible to participate in a community services program as defined in subdivision five of this section. Notwithstanding the foregoing, no person who is an otherwise eligible inmate who is under sentence for a crime involving: (a) infliction of serious physical injury upon another as defined in the penal law, (b) a sex offense involving forcible compulsion, or (c) any other offense involving the use or threatened use of a deadly weapon may participate in a temporary release program without the written approval of the commissioner. The commissioner shall promulgate regulations giving direction to the temporary release committee at each institution in order to aid such committees in carrying out this mandate.
The governor, by executive order, may exclude or limit the participation of any class of otherwise eligible inmates from participation in a temporary release program. Nothing in this paragraph shall be construed to affect either the validity of any executive order previously issued limiting the participation of otherwise eligible inmates in such program or the authority of the commissioner to impose appropriate regulations limiting such participation.
§ 3. Subdivision 2 of section 851 of the correction law, as added by chapter 472 of the laws of 1969, is amended to read as follows:
2. "Eligible inmate" means a person confined in an institution where a work release program has been established who is eligible for release on parole or who will become eligible for release on parole within one year or who has completed a judicially-ordered substance abuse treatment program in a state correctional facility pursuant to subdivision six of section 60.04 of the penal law.
§ 4. 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, 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 alcohol and substance abuse correctional annex as defined in subdivision eighteen of section two of the correction law, provided
S. 4324 4
that the defendant will satisfy the statutory eligibility criteria for participation in such program. 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 those rules and regulations governing discipline and removal from the program. Such defendant shall be deemed eligible for temporary release pursuant to subdivision two of section eight hundred fifty-one of the correction law upon completion of such 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.
§ 5. This act shall take effect on the sixtieth day after it shall have become a law; provided however, that the amendments to subdivision 2 of section 851 of the correction law made by section one of this act shall be subject to the expiration and reversion of such subdivision and section pursuant to subdivision (c) of section 46 of chapter 60 of the laws of 1994 and section 10 of chapter 339 of the laws of 1972, as amended, when upon such date the provisions of section two of this act shall take effect; provided further, that the amendments to subdivision 2 of section 851 of the correction law made by section two of this act shall expire on the same date as subdivision (c) of section 46 of chapter 60 of the laws of 1994, section 10 of chapter 339 of the laws of 1972, and section 5 of chapter 554 of the laws of 1986, as amended, when upon such date the provisions of section three of this act shall take effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law and the penal law, in relation to temporary release eligibility for judicially ordered comprehensive alcohol and substance abuse treatment
Purpose
To permit inmates who are ordered by judges to attend comprehensive alcohol and substance abuse treatment (CARAT) programs to complete the program.
Summary of provisions
Sections 1, 2 and 3 amend correction law g 851(2) to add inmates who were judicially-ordered to CARAT to the definition of inmates eligible for work release.
Read the full memo (680 words)
Section 4 amends section 60.04(6) of the penal law to provide that defendants judicially sentenced to CASAT shall be eligible for work release.
Justification
Judicially-ordered CASAT was intended by the legislature to allow courts to directly order defendants whose crimes were committed because of their drug use to go to an intensive drug treatment program run by DOCCS and to then go onto work release where they could be closely monitored for sobriety while earning their way back into society. Besides judi- cially-ordered CARAT, other inmates with drug and alcohol abuse problems can be sent to CASAT by DOCCS once they are getting close to being work- release eligible, that is within two years of completion of their mini- mum sentences. Because of the wording of the statute, DOCCS decided that judicially-ordered inmates who had more than two years to go on their sentences when they completed phase I of the CASAT program were not eligible for work release. Instead, DOCCS sends those inmates back into prison where their progress is out on hold while they finish their sentences.
Given the current heroin epidemic and the number of people caught up in cycles of addiction, it is time to revisit the language authorizing judicially-ordered CARAT. When the court determines that a criminal defendant is a good candidate for intensive drug treatment followed by work release, that defendant should have a chance to fully participate in the CASAT program. Inmates who successfully complete the drug-treat- ment component of the program should be able to participate in work release, as originally intended by the Legislature. Any inmate who is not successful on work release or who relapses will be sent back to prison, at least until he or she has completed his or her minimum sentence.
Work release is a positive tool for rehabilitation and is more restric- tive than parole. It gives addicted inmates the opportunity to overcome their drug problems and return to society more quickly once those prob- lems are addressed. An inmate who finishes his or her minimum sentence on work release is then eligible for parole release like any other inmate.
Legislative history
This is a new bill in the Senate. Introduced in the Assembly in 2018.
Fiscal implications
None. The CASAT programs are under-enrolled since the state enacted Rockefeller Drug Law Reform so they have excess capacity. It saves money to send inmates out on work release instead of locking them up in pris- on.
Local fiscal implications
None.
Effective date
This acts takes effect on the 60th day after it shall have become a law, provided however, that the amendments to subdivision 2 of section 8 52. of the correction law made by section one of thi act shall be subject to the expiration and reversion of such subdivision and section pursuant to subdivision (c) of section 46 of the chapter 60 of the laws of 1994 and section 10 of chapter 339 of the law s of 1972, as amended, when upon such date the provisions of section two of this at shall take effect; provided farther, that the amendments to subdivision 2 of section 851 of the correction law made by section two of this at shall expire on the same date as subdivision (c)of section 46 of chapter 60 of the laws of 1994 and section 10 of chapter 339 of the laws of 1972, and section 5 of chapter 5 54 of the laws of 1986, as amended, expire when upon such date the provisions of section three of this act shall take effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.