What's happening
This bill allows first and second time drug offenders to receive conditional discharge if they complete a licensed substance abuse treatment program.
Why it matters
Reduces incarceration for low-level drug offenses. By allowing conditional discharge tied to treatment for first and second time drug offenders, the bill shifts the focus from punishment to rehabilitation, potentially lowering jail and prison populations for nonviolent drug crimes.
Mandates structured, licensed treatment. Offenders must complete a substance abuse treatment program that is both state-licensed and court-approved, ensuring a standardized level of care and oversight rather than informal or unregulated alternatives.
Includes accountability and oversight mechanisms. Courts must monitor offender progress, and failure to comply with the treatment program can result in revocation of conditional discharge and re-sentencing, balancing rehabilitation opportunities with public safety concerns.
Promotes interagency collaboration and evaluation. The bill requires ongoing program evaluations and collaboration among the courts, probation, parole, and substance abuse services, aiming for continual improvement in outcomes and effectiveness of treatment interventions.
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Who cares
Eligible first- and second-time drug possession offenders
Those convicted of the specified possession offenses who meet the prior-conviction restrictions would receive conditional discharge if they agree to and successfully complete approved substance abuse treatment.
Criminal courts and probation agencies
Courts would set treatment periods, terminate sentences after completion and oversee compliance, while presentence reports would include treatment plans where appropriate.
Residential substance abuse treatment providers
Participating programs would need state licensing and approval and would enter agreements to treat eligible offenders.
State probation, parole and substance abuse agencies
The bill would assign program approval and licensing responsibilities and require these agencies to join courts in studies evaluating whether program objectives are met.
Headline styles
Treatment Instead of Jail
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
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.
Treatment Instead of Jail
In Assembly Committee · Codes · Sponsor Jeffrion Aubry
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
742
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. MONTGOMERY, COMRIE, KRUEGER -- 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 executive law, the criminal procedure law and the penal law, in relation to authorizing a sentence of conditional discharge pending completion of a substance abuse treatment program for first and second time drug offenders
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 249-a to read as follows:
§ 249-a. Substance abuse treatment alternative programs for certain offenders. 1. The director shall enter into agreements with residential substance abuse treatment programs to provide for the care and treatment of eligible offenders sentenced pursuant to section 60.14 of the penal law.
2. Such programs shall be licensed by the office of alcoholism and substance abuse services and shall be approved by the division of probation and correctional alternatives.
3. Upon the satisfactory completion of the course of treatment, the eligible offender shall have the court imposed sentence of conditional discharge terminated in accordance with the provisions of section 410.90 of the criminal procedure law.
§ 2. Paragraph (a) of subdivision 3 of section 390.30 of the criminal procedure law, as added by chapter 14 of the laws of 1985, is amended to read as follows:
(a) The report of the pre-sentence investigation must contain an analysis of as much of the information gathered in the investigation as the agency that conducted the investigation deems relevant to the question of sentence. Where appropriate, the report shall include a treatment
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03339-01-9
S. 742 2
plan including but not limited to a listing of available licensed substance abuse programs to provide for the care and treatment of offenders sentenced in accordance with the provisions of subdivision one of section 60.14 of the penal law. The report must also include any other [imformation] information that the court directs to be included and the material required by paragraph (b) of this subdivision which shall be considered part of the report.
§ 3. The penal law is amended by adding a new section 60.14 to read as follows: § 60.14 Authorized depositions; criminal possession of a controlled
substance.
1. The sentence of any person convicted of a violation of section 220.03 of this chapter, criminal possession of a controlled substance in the seventh degree, section 220.06 of this chapter, criminal possession of a controlled substance in the fifth degree, or section 221.20 of this chapter, criminal possession of marihuana in the third degree, for either the first or second time who has no prior conviction for any of the other provisions of article two hundred twenty of this chapter and also has no prior violent felony conviction shall be conditionally discharged provided such person agrees to attend, and successfully completes an alternative program of substance abuse treatment approved in accordance with section two hundred forty-nine-a of the executive law.
2. The court shall impose such a sentence on the condition that the offender participate in a substance abuse treatment alternative program for a specified period of time as determined by the court.
3. Upon completion of a course of treatment, the court shall terminate the sentence in accordance with the provisions of section 410.90 of the criminal procedure law. If the court determines that the offender absconded from the substance abuse treatment alternative program or that the sentence is no longer suitable because it endangers the safety, security or order of such treatment facility or that the offender otherwise violates the terms and conditions of the sentence, the sentence may be revoked. Upon revocation, the offender shall be sentenced in accordance with the other provisions of this chapter applicable to persons convicted of criminal possession of a controlled substance or criminal possession of marihuana, as the case may be.
4. The court shall conduct an ongoing evaluation of the program. The court shall undertake studies in conjunction with the division of probation and correctional alternatives, the division of parole and the office of alcoholism and substance abuse services to ensure that the programmatic objectives are met.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, the criminal procedure law and the penal law, in relation to authorizing a sentence of conditional discharge pending completion of a substance abuse treatment program for first and second time drug offenders
Purpose
To provide the sentencing option of drug treatment to judges who must sentence certain non-violent, low-level drug offenders.
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 g 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 Correc- tional Alternatives.
Read the full memo (723 words)
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 author- izes 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 overcrowding without enhancing public safety, and because they have led to dramatic increases in prison spending. These laws are ineq- uitable 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 terri- ble 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 irresponsi- ble 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 treat- ment 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 prob- lem. 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 possession and low-level drug opportunity to sentence these It does not alter the current and drug dealers.offenders who are charged with simple drug sales, and offers the sentencing judge the offenders to treatment instead of prison. penalties for high-level drug possessors
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.