Relates to authorizing early parole release for incarcerated individuals where substance abuse was a significant contributing factor in the commission of the offense.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1843
SPONSOR: Cunningham TITLE OF BILL:
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 commission
of the offense
PURPOSE OR GENERAL IDEA OF BILL:
To permit the discretionary early release to parole of inmates who have
received drug treatment and remained drug free where substance abuse was
a significant contributing factor to their crimes.
SUMMARY OF PROVISIONS:
Section 1 amends Executive Law section 259-i by adding a new subdivision
10 to allow for the early release of inmates to parole where substance
abuse was a significant contributing factor in their crimes.
Section 2 amends section 60.04(6) of the Penal Law to permit a trial
court judge to make a finding that substance abuse was a significant
contributing factor to a criminal defendant's crime.
Section 3 states that this act will take effect 120 days after it
becomes law.
JUSTIFICATION:
Given the current opioid epidemic and the number of people caught up in
cycles of addiction and drug use, it is time to revisit treatment and
punishment for people who commit crimes while suffering from addiction.
Inmates who successfully complete drug or alcohol treatment in prison
and who abstain from usage should be offered the chance to go out on
parole early. This bill permits a sentencing judge or DOCCS, upon review
of an inmate's record, to declare that substance abuse was a significant
factor in the commission of their crime, in order to allow the inmate to
earn their way back into society by a commitment to a sober lifestyle.
The Board of Parole may then decide whether or not to release such a
person to parole when they have served one-half of their minimum
sentence. Any released inmate who is not successful on parole will be
sent back to prison, at least until they have completed their minimum
sentence. This bill gives inmates suffering from addiction an incentive
to overcome their drug problems and allows them to return to society
more quickly once those problems are addressed.
PRIOR LEGISLATIVE HISTORY:
2023-24: A3721/52889 - Referred to Corrections
2021-22: A.3368/S.S278 - Referred to Correction
2019-20: A.1494/S.3440 - Referred to Correction
2017-18: A.10946 - Referred to Correction
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None. The legislation will save the state money by allowing people with
addiction problems to serve shorter prison sentences, reducing immediate
cost to the state and allowing them to reenter and contribute to society
in a more timely fashion.
EFFECTIVE DATE:
This act will take effect on the 120th day after it shall have become a
law.
