New York A 1843: Relates to dismissal of teachers for sexual improprieties

Bill Text

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A01843 Summary:

BILL NOA01843 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORCunningham

&nbsp

COSPNSRJackson, Forrest, Levenberg

&nbsp

MLTSPNSR

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Amd §259-i, Exec L; amd §60.04, Pen L

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Relates to authorizing early parole release for incarcerated individuals where substance abuse was a significant contributing factor in the commission of the offense.

Go to top A01843 Actions:

BILL NOA01843 

&nbsp

01/14/2025referred to correction

03/18/2025enacting clause stricken

Go to topA01843 Committee&nbspVotes:

Go to topA01843 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01843 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1843

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 14, 2025
 ___________

 Introduced by M. of A. CUNNINGHAM -- read once and referred to the
 Committee on Correction

 AN ACT to amend the executive law and the penal law, in relation to
 authorizing early parole release for incarcerated individuals where
 substance abuse was a significant contributing factor in the commis-
 sion of the offense

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 259-i of the executive law is amended by adding a
 2 new subdivision 10 to read as follows:
 3 10. Early release for certain incarcerated individuals. (a) Notwith-
 4 standing any other provision of law, where an incarcerated individual's
 5 record reveals that substance abuse was a significant contributing
 6 factor in the commission of such individual's offense and where such
 7 individual has successfully completed a program of treatment within a
 8 correctional facility for alcohol or substance abuse and has not been
 9 disciplined by the department for drug, marihuana or alcohol use for a
 10 minimum period of two years prior to the application for early release
 11 pursuant to this subdivision, such individual shall be eligible for
 12 early release to community supervision once such individual has
 13 completed one-half of such individual's minimum period of incarceration,
 14 provided that such individual is not serving a sentence for an A-I felo-
 15 ny, other than an A-I felony pursuant to article two hundred twenty of
 16 the penal law, or a violent felony offense pursuant to section 70.04 or
 17 70.08 of the penal law. The department shall certify to the board that
 18 an incarcerated individual is eligible for early release to community
 19 supervision when such eligibility criteria are met.
 20 (b) To determine whether substance abuse was a significant contribut-
 21 ing factor in the commission of the offense, the board shall:
 22 (i) rely on a finding that substance abuse was a significant contrib-
 23 uting factor in the commission of the offense by the sentencing court;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02235-01-5

 A. 1843 2

 1 (ii) rely on a determination by the department based on a record
 2 review once an incarcerated individual is otherwise eligible for early
 3 release pursuant to paragraph (a) of this subdivision that the incarcer-
 4 ated individual was abusing one or more substances at the time of the
 5 commission of the crime and that such substance abuse appears to have
 6 been a significant contributing factor in the commission of such
 7 offense; or
 8 (iii) make a finding that substance use was a significant contributing
 9 factor in the commission of the crime when the incarcerated individual
 10 is incarcerated with a conviction for any crime in which drug or alcohol
 11 use or possession was an element.
 12 Evidence in support of the determination that substance abuse was a
 13 significant contributing factor in the commission of the offense may
 14 include, but shall not be limited to, a court record, pre-sentence
 15 report, social services record, hospital record, sworn statement of a
 16 witness other than the incarcerated individual, local and state correc-
 17 tional facility records, law enforcement records, any documentation
 18 prepared at or near the time of the commission of the offense, or
 19 verification of consultation with a licensed medica