New York S 5817: Relates to temporary release eligibility for judicially ordered comprehensive alcohol and substance abuse treatment

Bill Text

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S05817 Summary:

BILL NOS05817 

&nbsp

SAME ASNo Same As

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SPONSORSEPULVEDA

&nbsp

COSPNSRCOMRIE

&nbsp

MLTSPNSR

&nbsp

Amd §851, Cor L; amd §60.04, Pen L

&nbsp

Relates to temporary release eligibility for judicially-ordered comprehensive alcohol and substance abuse treatment.

Go to top S05817 Actions:

BILL NOS05817 

&nbsp

03/03/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Go to topS05817 Committee&nbspVotes:

Go to topS05817 Floor&nbspVotes:

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

Go to topS05817 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5817

 2025-2026 Regular Sessions

 IN SENATE

 March 3, 2025
 ___________

 Introduced by Sens. SEPULVEDA, COMRIE -- 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 Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 2 of section 851 of the correction law, as
 2 amended by section 228 of chapter 322 of the laws of 2021, is amended to
 3 read as follows:
 4 2. "Eligible incarcerated individual" means: a person confined in an
 5 institution who is eligible for release on parole or who will become
 6 eligible for release on parole or conditional release within two years
 7 or who has completed a judicially-ordered substance abuse treatment
 8 program in a state correctional facility pursuant to subdivision six of
 9 section 60.04 of the penal law. Provided, however, that a person under
 10 sentence for an offense defined in paragraphs (a) and (b) of subdivision
 11 one of section 70.02 of the penal law, where such offense involved the
 12 use or threatened use of a deadly weapon or dangerous instrument shall
 13 not be eligible to participate in a work release program until [he or
 14 she] such person is eligible for release on parole or who will be eligi-
 15 ble for release on parole or conditional release within eighteen months.
 16 Provided, further, however, that a person under a determinate sentence
 17 as a second felony drug offender for a class B felony offense defined in
 18 article two hundred twenty of the penal law, who was sentenced pursuant
 19 to section 70.70 of such law, shall not be eligible to participate in a
 20 temporary release program until the time served under imprisonment for
 21 [his or her] such person's determinate sentence, including any jail time
 22 credited pursuant to the provisions of article seventy of the penal law,
 23 shall be at least eighteen months. In the case of a person serving an

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10290-01-5

 S. 5817 2

 1 indeterminate sentence of imprisonment imposed pursuant to the penal law
 2 in effect after September one, nineteen hundred sixty-seven, for the
 3 purposes of this article parole eligibility shall be upon the expiration
 4 of the minimum period of imprisonment fixed by the court or where the
 5 court has not fixed any period, after service of the minimum period
 6 fixed by the state board of parole. If an incarcerated individual is
 7 denied release on parole, such incarcerated individual shall not be
 8 deemed an eligible incarcerated individual until [he or she] such incar-
 9 cerated individual is within two years of [his or her] their next sched-
 10 uled appearance before the state parole board. In any case where an
 11 incarcerated individual is denied release on parole while participating
 12 in a temporary release program, the department shall review the status
 13 of the incarcerated individual to determine if continued placement in
 14 the program is appropriate. No person convicted of any escape or
 15 absconding offense defined in article two hundred five of the penal law
 16 shall be eligible for temporary release. Further, no person under
 17 sentence for aggravated harassment of an employee by an incarcerated
 18 individual as defined in section 240.32 of the pen