2020 New York Laws
PEN - Penal
Part 2 - Sentences
Title E - Sentences
Article 60 - Authorized Dispositions of Offenders
60.04 - Authorized Disposition; Controlled Substances and Marihuana Felony Offenses.

§ 60.04 Authorized  disposition;  controlled  substances  and  marihuana
           felony offenses.
  1. Applicability. Notwithstanding the  provisions  of  any  law,  this
section  shall govern the dispositions authorized when a person is to be
sentenced upon a conviction of a felony offense defined in  article  two
hundred  twenty  or  two  hundred  twenty-one  of this chapter or when a
person is to be sentenced upon a  conviction  of  such  a  felony  as  a
multiple felony offender as defined in subdivision five of this section.
  2.  Class A felony. Every person convicted of a class A felony must be
sentenced to imprisonment in  accordance  with  section  70.71  of  this
title,  unless  such  person  is convicted of a class A-II felony and is
sentenced to probation for life in accordance with section 65.00 of this
title.
  3. Class B felonies. Every person convicted of a class B  felony  must
be   sentenced   to  imprisonment  in  accordance  with  the  applicable
provisions of section 70.70 of this  chapter,  a  definite  sentence  of
imprisonment  with a term of one year or less or probation in accordance
with section 65.00 of this chapter provided, however, a person convicted
of criminal sale of a controlled substance to  a  child  as  defined  in
section  220.48  of  this  chapter  must  be  sentenced to a determinate
sentence of imprisonment in accordance with the applicable provisions of
section 70.70  of  this  chapter  or  to  a  sentence  of  probation  in
accordance  with  the  opening paragraph of paragraph (b) of subdivision
one of section 65.00 of this chapter.
  4. Alternative  sentence.  Where  a  sentence  of  imprisonment  or  a
sentence  of probation as an alternative to imprisonment is not required
to be imposed pursuant  to  subdivision  two,  three  or  five  of  this
section,  the  court may impose any other sentence authorized by section
60.01 of this article, provided that when the court imposes  a  sentence
of  imprisonment, such sentence must be in accordance with section 70.70
of this title. Where the court imposes a  sentence  of  imprisonment  in
accordance  with  this  section,  the  court  may  also  impose  a  fine
authorized by article eighty of this title and in such case the sentence
shall be both imprisonment and a fine.
  5. Multiple felony  offender.  Where  the  court  imposes  a  sentence
pursuant  to  subdivision  three of section 70.70 of this chapter upon a
second felony drug offender, as defined in paragraph (b) of  subdivision
one  of section 70.70 of this chapter, it must sentence such offender to
imprisonment in accordance with the  applicable  provisions  of  section
70.70  of  this chapter, a definite sentence of imprisonment with a term
of one year or less, or probation in accordance with  section  65.00  of
this chapter, provided, however, that where the court imposes a sentence
upon  a  class  B  second  felony  drug  offender, it must sentence such
offender to a determinate sentence of imprisonment  in  accordance  with
the  applicable  provisions  of  section  70.70  of this chapter or to a
sentence of probation  in  accordance  with  the  opening  paragraph  of
paragraph  (b) of subdivision one of section 65.00 of this chapter. When
the court imposes sentence on a second felony drug offender pursuant  to
subdivision  four  of  section  70.70  of this chapter, it must impose a
determinate  sentence  of   imprisonment   in   accordance   with   such
subdivision.
  6.  Substance  abuse  treatment.  When the court imposes a sentence of
imprisonment which requires a commitment  to  the  state  department  of
corrections and community supervision upon a person who stands convicted
of  a  controlled  substance  or  marihuana offense, the court may, upon
motion of the defendant in its discretion, issue an order directing that
the department of  corrections  and  community  supervision  enroll  the
defendant  in  the  comprehensive  alcohol and substance abuse treatment

program in an alcohol and substance abuse correctional annex as  defined
in  subdivision  eighteen of section two of the correction law, provided
that the defendant will satisfy the statutory eligibility  criteria  for
participation  in such program. Notwithstanding the foregoing provisions
of this subdivision, any  defendant  to  be  enrolled  in  such  program
pursuant  to  this  subdivision  shall be governed by the same rules and
regulations promulgated by the department of corrections  and  community
supervision,  including  without  limitation those rules and regulations
establishing requirements for completion and those rules and regulations
governing discipline and removal from the program.  No  such  period  of
court  ordered  corrections  based drug abuse treatment pursuant to this
subdivision  shall  be  required  to  extend  beyond   the   defendant's
conditional release date.
  7.  a.  Shock  incarceration  participation.  When the court imposes a
sentence of imprisonment which requires a commitment to  the  department
of  corrections  and  community  supervision  upon  a  person who stands
convicted of a controlled substance or marihuana offense, upon motion of
the  defendant,  the  court  may  issue  an  order  directing  that  the
department of corrections and community supervision enroll the defendant
in the shock incarceration program as defined in article twenty-six-A of
the  correction  law, provided that the defendant is an eligible inmate,
as described in subdivision one of section eight hundred  sixty-five  of
the  correction  law.  Notwithstanding  the foregoing provisions of this
subdivision, any defendant to be enrolled in such  program  pursuant  to
this  subdivision  shall  be  governed by the same rules and regulations
promulgated by the department of corrections and community  supervision,
including  without  limitation  those rules and regulations establishing
requirements for completion and such  rules  and  regulations  governing
discipline and removal from the program.
  b.  (i)  In  the  event  that  an inmate designated by court order for
enrollment in the shock  incarceration  program  requires  a  degree  of
medical  care  or  mental health care that cannot be provided at a shock
incarceration facility, the department, in  writing,  shall  notify  the
inmate,     provide     a     proposal     describing     a     proposed
alternative-to-shock-incarceration program, and notify him or  her  that
he   or   she   may   object   in   writing   to   placement   in   such
alternative-to-shock-incarceration program. If  the  inmate  objects  in
writing to placement in such alternative-to-shock-incarceration program,
the department of corrections and community supervision shall notify the
sentencing  court,  provide  such proposal to the court, and arrange for
the inmate's prompt appearance before the court. The court shall provide
the proposal and notice of a court appearance to the people, the  inmate
and the appropriate defense attorney. After considering the proposal and
any  submissions  by the parties, and after a reasonable opportunity for
the people, the inmate and counsel to be heard, the court may modify its
sentencing order accordingly, notwithstanding the provisions of  section
430.10 of the criminal procedure law.
  (ii)      An      inmate     who     successfully     completes     an
alternative-to-shock-incarceration  program  within  the  department  of
corrections  and  community  supervision  shall  be  treated in the same
manner  as  a  person  who  has   successfully   completed   the   shock
incarceration program, as set forth in subdivision four of section eight
hundred sixty-seven of the correction law.