ELIMINATES the harshest aspects of the Rockefeller Drug Laws by eliminating mandatory minimum not maximum state prison sentences.
Amends the Penal Law to make all non-violent first and second felony drug offenders (other than class A felony offenders) eligible for probation (5 years), a local jail sentence (up to one year) or a split sentence (jail plus probation) upon a plea of guilty or upon conviction ---- the judge could always sentence the offender to the existing terms of state imprisonment.
Excepts from the benefits of this sentencing reform the following exclusion crimes, some of which are newly created, as well as other crimes arising out of the sale of drugs on school grounds and day care facilities:
Judges continue to have discretion to sentence offenders to the maximum terms available under current law, i.e., judges will still be able to sentence first time class B felony offenders to up to 9 years in prison and second time class B felony offenders without a violent predicate felony offense to up to 12 years in prison.
Judges can continue to divert offenders away from prison with district attorney consent (e.g., DTAP, STEPS); current law requires the same judicial consent which this reform continues.
Judges can order, upon application of defendant or district attorney alcohol or substance abuse assessment of defendant.
Subject to appropriation, requires that one court in each county be designated as a drug court with appropriate training provided for all participants.
Judges may specify candidates to be enrolled in DOCS shock incarceration programs (subject to DOCS safety considerations), including second-time, class B felony offenders (subject to exclusions).
Judges may order early entry to ASAT and CASAT (substance abuse treatment programs designed for offenders in DOCS custody).
Judges can directly sentence offenders to "parole supervision" (90 days incarcerated at the DOCS Willard drug treatment program followed by supervision and treatment in the community: CPL 410.91) by:
Eliminates a plea restriction so that certain drug offenders may plead guilty to a reduced charge with DA consent (class A felony to a class B felony).
Clarifies procedure for making motions to dismiss "in the furtherance of justice" by adding a new subdivision to CPL 170.40 and 210.40 to authorize dismissal, where a defendant charged with a non-exclusionary, drug crime has successfully complied with the terms of a judicial diversion order.
Increases the weight thresholds for certain class A felony level offenses following up the reforms made in 2004.
Revises the so-called "automobile/room" presumptions by converting the "presumption" into a "permissible inference" and ensures that the inference does not apply when the defendant was neither the owner nor the operator of the vehicle and the controlled substance was outside the area in which the defendant could readily grab it.
Permits class B felony drug offenders in prison (previously excluded from taking advantage of the 2004 drug law reforms) to seek court resentencing to a determinate term under the new sentences;
Allows defendant appeals from denial of re-sentence and re-sentence orders.
Mandates that DOCS assess drug treatment need for every inmate admitted to custody.
Requires that youths placed in or committed to OCFS facilities be assessed for alcohol and substance abuse.
Mandates substance abuse treatment as part of probation where appropriate.
Allows DOCS to enroll class B drug felons (on entry to DOCS or thereafter) into the Shock Incarceration Program, consistent with the Governor's Article VII bill.
Requires OASAS certification for all persons performing drug abuse assessment and treatment and all programs providing such services for the Department of Correctional Services.
Enacts a sealing law authorizing judges, on motion so that the district attorney can respond, to conditionally seal a limited category of first-time, drug felony and misdemeanor convictions, upon application, if the defendant has remained crime-free for a specified period or has completed a court-ordered treatment program; existing statutory requirements barring individuals convicted of such crimes from being licensed for certain purposes would not be amended.
Provides transitional services to offenders leaving DOCS custody to better help them find housing, employment and apply for government benefits so that they do not relapse and continue moving through the revolving door.
Requires the State Comptroller to certify each year the number of days and number of persons diverted from state prison as a result of the bill and, to the greatest extent possible, quantify the savings generated as a result.
Requires that such amount certified by the Comptroller be segregated annually in a dedicated fund to be used exclusively for drug and alcohol treatment and related alternative to incarceration programs.
Requires use of a community justice crime information mapping system to target efforts to further provide drug abuse treatment and reduce drug-related crime in different communities around the state.
Judges would be trained in substance abuse and dependency issues through a curriculum approved by OASAS and developed by prosecutors and defense providers.