Rockefeller Drug Law Reform Amendment
LAWS OF NEW YORK, 2010
CHAPTER 121


AN ACT to amend the criminal procedure law, in relation to a sentence of
parole supervision


Became a law June 15, 2010, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.


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

§ 1. Subdivision 1 of section 410.91 of the criminal procedure
law,  as added by chapter 3 of the laws of 1995, is amended to read as
follows:

1. A sentence of parole supervision is an indeterminate sentence of
imprisonment, or a determinate sentence of imprisonment imposed pursuant
to paragraphs (b) and (d) of subdivision three of section 70.70 of the
penal law,
which may be imposed upon an eligible defendant, as defined
in subdivision two of this section. [Such] If an indeterminate sentence,
such
sentence shall have a minimum term and a maximum term within the
ranges specified by subdivisions three and four of section 70.06 of the
penal law. If a determinate sentence, such sentence shall have a term
within the ranges specified by subparagraphs (iii) and (iv) of paragraph
(b) of subdivision three of section 70.70 of the penal law.
Provided,
however,if the court directs that the sentence be executed as a
sentence of parole supervision, it shall remand the defendant for imme-
diate delivery to a reception center operated by the state department of
correctional services, in accordance with section 430.20 of this chapter
and section six hundred one of the correction law, for a period not to
exceed ten days. An individual who receives such a sentence shall be
placed under the immediate supervision of the state division of parole
and must comply with the conditions of parole, which shall include an
initial placement in a drug treatment campus for a period of ninety days
at which time the defendant shall be released therefrom.

§ 2. Subdivision 3 of section 410.91 of the criminal procedure law, as
added by chapter 3 of the laws of 1995, is amended to read as follows:

3. When an indeterminate or determinate sentence of imprisonment is
imposed upon an eligible defendant for a specified offense, as defined
in subdivision five of this section, the court may direct that such
sentence be executed as a sentence of parole supervision if the court
finds (i) that the defendant has a history of controlled substance
dependence that is a significant contributing factor to such defendant's
criminal conduct; (ii) that such defendant's controlled substance
dependence could be appropriately addressed by a sentence of parole
supervision; and (iii) that imposition of such a sentence would not have
an adverse effect on public safety or public confidence in the integrity
of the criminal justice system.

§ 3. This act shall take effect immediately; provided however that the
amendments to subdivisions 1 and 3 of section 410.91 of the criminal
procedure law made by sections one and two of this act shall not affect
the repeal of such section and shall be deemed to be repealed therewith.


The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.


MALCOLM A. SMITH
Temporary President of the Senate

SHELDON SILVER
Speaker of the Assembly


EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.