New York A 1527: Relates to temporary release eligibility for judicially ordered comprehensive alcohol and substance abuse treatment

Bill Text

STATE OF NEW YORK
        ________________________________________________________________________
                                          1527
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced  by  M.  of  A.  RICHARDSON  -- read once and referred to the
          Committee on 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 chapter 60 of the laws of  1994,  the  opening  paragraph  as
     3  amended  by  chapter  320  of the laws of 2006, the closing paragraph as
     4  amended by section 42 of subpart B of part C of chapter 62 of  the  laws
     5  of 2011, is amended to read as follows:
     6    2. "Eligible inmate" means: a person confined in an institution who is
     7  eligible  for  release on parole or who will become eligible for release
     8  on parole or conditional release within two years or who has completed a
     9  judicially-ordered substance abuse treatment program in a state  correc-
    10  tional  facility  pursuant  to  subdivision  six of section 60.04 of the
    11  . Provided, however,  that  a  person  under  sentence  for  anpenal law
    12  offense  defined in paragraphs (a) and (b) of subdivision one of section
    13  70.02 of the penal law, where such offense involved the use  or  threat-
    14  ened  use of a deadly weapon or dangerous instrument shall not be eligi-
    15  ble to participate in a work release program until he or she is eligible
    16  for release on parole or who will be eligible for release on  parole  or
    17  conditional  release within eighteen months. Provided, further, however,
    18  that a person under a determinate  sentence  as  a  second  felony  drug
    19  offender  for  a  class  B felony offense defined in article two hundred
    20  twenty of the penal law, who was sentenced pursuant to section 70.70  of
    21  such  law,  shall  not be eligible to participate in a temporary release
    22  program until the time served under imprisonment for his or her determi-
    23  nate  sentence,  including  any  jail  time  credited  pursuant  to  the
    24  provisions  of article seventy of the penal law, shall be at least eigh-
         EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                              [] is old law to be omitted. 
                                                                   LBD04522-01-9

        A. 1527                             2
     1  teen months. In the case of a person serving an  indeterminate  sentence
     2  of  imprisonment  imposed  pursuant  to  the  penal  law in effect after
     3  September one, nineteen hundred sixty-seven, for the  purposes  of  this
     4  article  parole  eligibility shall be upon the expiration of the minimum
     5  period of imprisonment fixed by the court or where  the  court  has  not
     6  fixed any period, after service of the minimum period fixed by the state
     7  board  of  parole. If an inmate is denied release on parole, such inmate
     8  shall not be deemed an eligible inmate until he or  she  is  within  two
     9  years  of  his  or her next scheduled appearance before the state parole
    10  board. In any case where an inmate is denied  release  on  parole  while
    11  participating  in  a  temporary  release  program,  the department shall
    12  review the status of the inmate to determine if continued  placement  in
    13  the  program  is  appropriate.  No  person  convicted  of  any escape or
    14  absconding offense defined in article two hundred five of the penal  law
    15  shall  be  eligible  for  temporary  release.  Further,  no person under
    16  sentence for aggravated harassment  of  an  employee  by  an  inmate  as
    17  defined  in  section  240.32  of the penal law for, any homicide offense
    18  defined in article one hundred twenty-five of the penal law, for any sex
    19  offense defined in article one hundred thirty of the penal law,  or  for
    20  an  offense defined in section 255.25, 255.26 or 255.27 of the penal law
    21  shall be eligible to participate in a work release program as defined in
    22  subdivision three of this section. Nor shall any person  under  sentence
    23  for  any  sex offense defined in article one hundred thirty of the penal
    24  law be eligible to  participate  in  a  community  services  program  as
    25  defined in subdivision five of this section. Notwithstanding the forego-
    26  ing, no