Signed by Governor David Paterson

Vote Smart's Synopsis:

Vote to pass a bill that amends various existing laws to implement the state fiscal plan, including, but not limited to, the following highlights.

Highlights:

-Establishes a surcharge on wireless communication services equal to $1.20 per month, per wireless communication device, and authorizes wireless communication service suppliers to retain 2 percent of 58.3 percent of the total collections of the wireless communication surcharge as an administrative fee (Part B). -Appropriates 41.7 percent of the revenue generated by the wireless communication surcharge to the General Fund, and requires the remaining balance be deposited into the New York State Wireless Telephone Emergency Service Account of the Miscellaneous Special Revenue Fund (Part B). -Requires the distribution of the aforementioned funds deposited into the New York State Wireless Telephone Emergency Service Account of the Miscellaneous Special Revenue Fund to include the following (Part B):

-$25.5 million for the State Police; -$10 million for the local enhanced 9-1-1 program; -$1.5 million for the New York State Emergency Services Revolving Loan Fund; -All costs associated with the design, construction, and operation of the statewide wireless network; and -All costs of debt service for bonds and notes issued to finance expedited deployment funding.

-Increases the annual motor vehicle law enforcement fee imposed on motor vehicle insurance policyholders from $5 to $10 per insured motor vehicle, but authorizes the fee to be reduced to $5 if the insurance policy is for a term of 6 months or less (Part T). -Requires $4.7 million of the revenue generated by the aforementioned fee to be deposited into the Motor Vehicle Theft and Insurance Fund, and the remaining balance deposited into the State Police Motor Vehicle Enforcement Account (Part T). -Authorizes the Commissioner of the Department of Corrections to close Camp Gabriels, Camp Pharsalia, and Camp Mt. McGregor at any time between July 1, 2009 and March 31, 2010 (Part H). -Establishes a judicial diversion program as an alternate sentence for defendants that are convicted of a Class B, C, D, or E felony drug offense (§ 220 & § 221, Penal Code), in which the defendant may receive conditional release in exchange for a guilty plea, with some exceptions, and participation in an alcohol or substance abuse treatment program specified by the court, which may include periods of detoxification, residential or outpatient treatment, and periodic court appearances to monitor the defendants progress (Part AAA). -Authorizes the court to conditionally seal the arrest, prosecution, and conviction records of a defendant convicted of a misdemeanor drug offense if the defendant successfully completes a judicial diversion program or another judicially sanctioned drug treatment program of similar duration, requirements, and level of supervision, provided that the court does not conditionally seal the arrest, prosecution, and conviction records of more than 3 misdemeanor convictions (Part AAA). -Authorizes cities and counties to establish Local Conditional Release Commissions who are authorized to grant conditional release to inmates upon determining that there is a reasonable probability that he or she will reside outside of prison without violating the law and that such a release is not incompatible with the welfare of society nor deprecate the seriousness of the crime, provided that the inmate meets the following criteria (Part SS):

-Have served a minimum of 60 days; -Have not been convicted of any of the following:
-A-I felony offense, excluding drug offenses; -Violent felony offense (§ 70.02, Penal Code); -Second degree manslaughter; -First or second degree vehicular manslaughter -Criminally negligent homicide; -Aggravated harassment of an employee by an inmate; -Domestic violence; -Any sex crime, including incest and sexual performance by a child; or -Any obscenity offense if it involves a victim under the age of 18;
-Have a jail record that makes eligible for a reduction of sentence (§ 804, Correction Code); and -Have verified community ties in the areas of employment, permanent residence, or family.

-Authorizes the State Board of Parole to release an inmate on medical parole for a period of 6 months upon determining that the inmate suffers from a significant and permanent non-terminal condition, disease, or syndrome that renders the inmate so physically or cognitively debilitated that he or she does not pose a threat to society and that such release will not depreciate the seriousness of the crime, whereas existing law only authorized this for terminally-ill inmates (Part J). -Specifies that the aforementioned medical parole eligibility does not apply to the following (Part J):

-Inmates convicted of first degree murder, attempted first degree murder, or conspiracy to commit first degree murder; -Inmates convicted of second degree murder or attempted second degree murder who have served less than half of their sentence, or less than half of the minimum period in the case of an indeterminate sentence; -Inmates convicted of first degree manslaughter or attempted first degree manslaughter who have served less than half of their sentence, or less than half of the minimum period in the case of an indeterminate sentence; and -Inmates convicted of a sex offense or attempted sex offense who have served less than half of their sentence, or less than half of the minimum period in the case of an indeterminate sentence.

-Authorizes the State Parole Board to grant medical parole for a period of 6 months to inmates suffering from terminal conditions, diseases, and syndromes to allow inmates who were convicted of second degree murder, first degree manslaughter, or any sex crime to be released on medical parole, provided that they have served at least half of their sentence, or half of the minimum period in the case of an indeterminate sentence, and have meet all of the existing requirements for medical parole (Part J). -Authorizes prison inmates convicted of any class A-I felony, violent felony, or homicide and abortion related offenses to qualify for conditional release 6 months prior to completing the controlling minimum period of imprisonment if the inmate is serving an indeterminate sentence with a maximum term of life imprisonment, or 6 months prior to the point in which the inmates good behavior time is equal to the unserved portion of the inmates term if the inmate is not serving an indeterminate sentence with a maximum term of life imprisonment (Part L). -Specifies that the aforementioned conditional release eligibility does not apply to inmates convicted of 1 or more of the following (Part L):

-First degree murder or an attempt or conspiracy to commit first degree murder; -Sex offense or an attempt or conspiracy to commit a sex offense; -First degree possession of a controlled substance or an attempt or conspiracy to commit first degree possession of a controlled substance; -First degree criminal sale of a controlled substance or an attempt or conspiracy to commit first degree sale of a controlled substance; or -Any offense that results in the revocation of presumptive release, parole, conditional release, or post- release supervision.

-Amends the eligibility requirements for the shock incarceration program, in which prison inmates may elect to serve 6 months in a shock incarceration facility, which includes rigorous physical activity, intensive regimentation, and discipline and rehabilitation therapy and programing, in exchange for early conditional release, as follows (Part L):

-Increases the maximum age of inmates eligible to enter the program from 40 years old to 50 years old; -Amends restrictions on drug offenders entering the program by prohibiting only second felony drug offenders that were previously convicted of a violent felony from entering the program, whereas existing law prohibited all second felony drug offenders that were sentenced to a determinate sentence of 3.5 years or more from entering the program; -Increases restrictions on inmates convicted of homicide offenses from entering the program by prohibiting inmates that were convicted of any homicide offense from entering the program, whereas existing law prohibited only inmates convicted of second degree manslaughter, second or first degree vehicular manslaughter, and criminally negligent homicide from entering the program; -Increases restrictions on inmates convicted of sex offenses from entering the program by prohibiting inmates that were convicted of any sex offense from entering the program, whereas existing law prohibited only inmates convicted of second or third degree rape, second or third degree criminal sexual acts, first degree attempted sexual abuse, second degree attempted rape, and second degree attempted criminal sexual acts; and -Expands the locations in which inmates may be selected for participation in the program to include any general confinement facility when the inmate becomes eligible for release on parole or conditional release within 3 years if, whereas existing law required the inmates be selected directly from reception centers only.

-Specifies that a defendant who satisfactorily completes a term of interim probation supervision shall be credited for the time served toward any probation sentence that is subsequently imposed in that case (Part O).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends various existing laws to implement the state fiscal plan, including, but not limited to, the following highlights.

Highlights:

-Establishes a surcharge on wireless communication services equal to $1.20 per month, per wireless communication device, and authorizes wireless communication service suppliers to retain 2 percent of 58.3 percent of the total collections of the wireless communication surcharge as an administrative fee (Part B). -Appropriates 41.7 percent of the revenue generated by the wireless communication surcharge to the General Fund, and requires the remaining balance be deposited into the New York State Wireless Telephone Emergency Service Account of the Miscellaneous Special Revenue Fund (Part B). -Requires the distribution of the aforementioned funds deposited into the New York State Wireless Telephone Emergency Service Account of the Miscellaneous Special Revenue Fund to include the following (Part B):

-$25.5 million for the State Police; -$10 million for the local enhanced 9-1-1 program; -$1.5 million for the New York State Emergency Services Revolving Loan Fund; -All costs associated with the design, construction, and operation of the statewide wireless network; and -All costs of debt service for bonds and notes issued to finance expedited deployment funding.

-Increases the annual motor vehicle law enforcement fee imposed on motor vehicle insurance policyholders from $5 to $10 per insured motor vehicle, but authorizes the fee to be reduced to $5 if the insurance policy is for a term of 6 months or less (Part T). -Requires $4.7 million of the revenue generated by the aforementioned fee to be deposited into the Motor Vehicle Theft and Insurance Fund, and the remaining balance deposited into the State Police Motor Vehicle Enforcement Account (Part T). -Authorizes the Commissioner of the Department of Corrections to close Camp Gabriels, Camp Pharsalia, and Camp Mt. McGregor at any time between July 1, 2009 and March 31, 2010 (Part H). -Establishes a judicial diversion program as an alternate sentence for defendants that are convicted of a Class B, C, D, or E felony drug offense (§ 220 & § 221, Penal Code), in which the defendant may receive conditional release in exchange for a guilty plea, with some exceptions, and participation in an alcohol or substance abuse treatment program specified by the court, which may include periods of detoxification, residential or outpatient treatment, and periodic court appearances to monitor the defendants progress (Part AAA). -Authorizes the court to conditionally seal the arrest, prosecution, and conviction records of a defendant convicted of a misdemeanor drug offense if the defendant successfully completes a judicial diversion program or another judicially sanctioned drug treatment program of similar duration, requirements, and level of supervision, provided that the court does not conditionally seal the arrest, prosecution, and conviction records of more than 3 misdemeanor convictions (Part AAA). -Authorizes cities and counties to establish Local Conditional Release Commissions who are authorized to grant conditional release to inmates upon determining that there is a reasonable probability that he or she will reside outside of prison without violating the law and that such a release is not incompatible with the welfare of society nor deprecate the seriousness of the crime, provided that the inmate meets the following criteria (Part SS):

-Have served a minimum of 60 days; -Have not been convicted of any of the following:
-A-I felony offense, excluding drug offenses; -Violent felony offense (§ 70.02, Penal Code); -Second degree manslaughter; -First or second degree vehicular manslaughter -Criminally negligent homicide; -Aggravated harassment of an employee by an inmate; -Domestic violence; -Any sex crime, including incest and sexual performance by a child; or -Any obscenity offense if it involves a victim under the age of 18;
-Have a jail record that makes eligible for a reduction of sentence (§ 804, Correction Code); and -Have verified community ties in the areas of employment, permanent residence, or family.

-Authorizes the State Board of Parole to release an inmate on medical parole for a period of 6 months upon determining that the inmate suffers from a significant and permanent non-terminal condition, disease, or syndrome that renders the inmate so physically or cognitively debilitated that he or she does not pose a threat to society and that such release will not depreciate the seriousness of the crime, whereas existing law only authorized this for terminally-ill inmates (Part J). -Specifies that the aforementioned medical parole eligibility does not apply to the following (Part J):

-Inmates convicted of first degree murder, attempted first degree murder, or conspiracy to commit first degree murder; -Inmates convicted of second degree murder or attempted second degree murder who have served less than half of their sentence, or less than half of the minimum period in the case of an indeterminate sentence; -Inmates convicted of first degree manslaughter or attempted first degree manslaughter who have served less than half of their sentence, or less than half of the minimum period in the case of an indeterminate sentence; and -Inmates convicted of a sex offense or attempted sex offense who have served less than half of their sentence, or less than half of the minimum period in the case of an indeterminate sentence.

-Authorizes the State Parole Board to grant medical parole for a period of 6 months to inmates suffering from terminal conditions, diseases, and syndromes to allow inmates who were convicted of second degree murder, first degree manslaughter, or any sex crime to be released on medical parole, provided that they have served at least half of their sentence, or half of the minimum period in the case of an indeterminate sentence, and have meet all of the existing requirements for medical parole (Part J). -Authorizes prison inmates convicted of any class A-I felony, violent felony, or homicide and abortion related offenses to qualify for conditional release 6 months prior to completing the controlling minimum period of imprisonment if the inmate is serving an indeterminate sentence with a maximum term of life imprisonment, or 6 months prior to the point in which the inmates good behavior time is equal to the unserved portion of the inmates term if the inmate is not serving an indeterminate sentence with a maximum term of life imprisonment (Part L). -Specifies that the aforementioned conditional release eligibility does not apply to inmates convicted of 1 or more of the following (Part L):

-First degree murder or an attempt or conspiracy to commit first degree murder; -Sex offense or an attempt or conspiracy to commit a sex offense; -First degree possession of a controlled substance or an attempt or conspiracy to commit first degree possession of a controlled substance; -First degree criminal sale of a controlled substance or an attempt or conspiracy to commit first degree sale of a controlled substance; or -Any offense that results in the revocation of presumptive release, parole, conditional release, or post- release supervision.

-Amends the eligibility requirements for the shock incarceration program, in which prison inmates may elect to serve 6 months in a shock incarceration facility, which includes rigorous physical activity, intensive regimentation, and discipline and rehabilitation therapy and programing, in exchange for early conditional release, as follows (Part L):

-Increases the maximum age of inmates eligible to enter the program from 40 years old to 50 years old; -Amends restrictions on drug offenders entering the program by prohibiting only second felony drug offenders that were previously convicted of a violent felony from entering the program, whereas existing law prohibited all second felony drug offenders that were sentenced to a determinate sentence of 3.5 years or more from entering the program; -Increases restrictions on inmates convicted of homicide offenses from entering the program by prohibiting inmates that were convicted of any homicide offense from entering the program, whereas existing law prohibited only inmates convicted of second degree manslaughter, second or first degree vehicular manslaughter, and criminally negligent homicide from entering the program; -Increases restrictions on inmates convicted of sex offenses from entering the program by prohibiting inmates that were convicted of any sex offense from entering the program, whereas existing law prohibited only inmates convicted of second or third degree rape, second or third degree criminal sexual acts, first degree attempted sexual abuse, second degree attempted rape, and second degree attempted criminal sexual acts; and -Expands the locations in which inmates may be selected for participation in the program to include any general confinement facility when the inmate becomes eligible for release on parole or conditional release within 3 years if, whereas existing law required the inmates be selected directly from reception centers only.

-Specifies that a defendant who satisfactorily completes a term of interim probation supervision shall be credited for the time served toward any probation sentence that is subsequently imposed in that case (Part O).

Full Bill Text