N.Y. PEN Law § 60.04 — New York Code / Act PEN / Part 2 / Title E / Article 60 / Section 60.04
Authorized disposition; controlled substances and marihuana felony offenses
Status: in_force

§ 60.04 Authorized disposition; controlled substances and marihuana\n           felony offenses.\n  1. Applicability. Notwithstanding the provisions of any law, this\nsection shall govern the dispositions authorized when a person is to be\nsentenced upon a conviction of a felony offense defined in article two\nhundred twenty or two hundred twenty-one of this chapter or when a\nperson is to be sentenced upon a conviction of such a felony as a\nmultiple felony offender as defined in subdivision five of this section.\n  2. Class A felony. Every person convicted of a class A felony must be\nsentenced to imprisonment in accordance with section 70.71 of this\ntitle, unless such person is convicted of a class A-II felony and is\nsentenced to probation for life in accordance with section 65.00 of this\ntitle.\n  3. Class B felonies. Every person convicted of a class B felony must\nbe sentenced to imprisonment in accordance with the applicable\nprovisions of section 70.70 of this chapter, a definite sentence of\nimprisonment with a term of one year or less or probation in accordance\nwith section 65.00 of this chapter provided, however, a person convicted\nof criminal sale of a controlled substance to a child as defined in\nsection 220.48 of this chapter must be sentenced to a determinate\nsentence of imprisonment in accordance with the applicable provisions of\nsection 70.70 of this chapter or to a sentence of probation in\naccordance with the opening paragraph of paragraph (b) of subdivision\none of section 65.00 of this chapter.\n  4. Alternative sentence. Where a sentence of imprisonment or a\nsentence of probation as an alternative to imprisonment is not required\nto be imposed pursuant to subdivision two, three or five of this\nsection, the court may impose any other sentence authorized by section\n60.01 of this article, provided that when the court imposes a sentence\nof imprisonment, such sentence must be in accordance with section 70.70\nof this title. Where the court imposes a sentence of imprisonment in\naccordance with this section, the court may also impose a fine\nauthorized by article eighty of this title and in such case the sentence\nshall be both imprisonment and a fine.\n  5. Multiple felony offender. Where the court imposes a sentence\npursuant to subdivision three of section 70.70 of this chapter upon a\nsecond felony drug offender, as defined in paragraph (b) of subdivision\none of section 70.70 of this chapter, it must sentence such offender to\nimprisonment in accordance with the applicable provisions of section\n70.70 of this chapter, a definite sentence of imprisonment with a term\nof one year or less, or probation in accordance with section 65.00 of\nthis chapter, provided, however, that where the court imposes a sentence\nupon a class B second felony drug offender, it must sentence such\noffender to a determinate sentence of imprisonment in accordance with\nthe applicable provisions of section 70.70 of this chapter or to a\nsentence of probation in accordance with the opening paragraph of\nparagraph (b) of subdivision one of section 65.00 of this chapter. When\nthe court imposes sentence on a second felony drug offender pursuant to\nsubdivision four of section 70.70 of this chapter, it must impose a\ndeterminate sentence of imprisonment in accordance with such\nsubdivision.\n  6. Substance abuse treatment. When the court imposes a sentence of\nimprisonment which requires a commitment to the state department of\ncorrections and community supervision upon a person who stands convicted\nof a controlled substance or marihuana offense, the court may, upon\nmotion of the defendant in its discretion, issue an order directing that\nthe department of corrections and community supervision enroll the\ndefendant in the comprehensive alcohol and substance abuse treatment\nprogram in an alcohol and substance abuse correctional annex as defined\nin subdivision eighteen of section two of the correction law, provided\nthat the defendant will satisfy the statutory eligibility criteria for\nparticipation in such program. Notwithstanding the foregoing provisions\nof this subdivision, any defendant to be enrolled in such program\npursuant to this subdivision shall be governed by the same rules and\nregulations promulgated by the department of corrections and community\nsupervision, including without limitation those rules and regulations\nestablishing requirements for completion and those rules and regulations\ngoverning discipline and removal from the program. No such period of\ncourt ordered corrections based drug abuse treatment pursuant to this\nsubdivision shall be required to extend beyond the defendant's\nconditional release date.\n  7. a. Shock incarceration participation. When the court imposes a\nsentence of imprisonment which requires a commitment to the department\nof corrections and community supervision upon a person who stands\nconvicted of a controlled substance or marihuana offense, upon motion of\nthe defendant, the court may issue an order directing that the\ndepartment of corrections and community supervision enroll the defendant\nin the shock incarceration program as defined in article twenty-six-A of\nthe correction law, provided that the defendant is an eligible\nincarcerated individual, as described in subdivision one of section\neight hundred sixty-five of the correction law. Notwithstanding the\nforegoing provisions of this subdivision, any defendant to be enrolled\nin such program pursuant to this subdivision shall be governed by the\nsame rules and regulations promulgated by the department of corrections\nand community supervision, including without limitation those rules and\nregulations establishing requirements for completion and such rules and\nregulations governing discipline and removal from the program.\n  b. (i) In the event that an incarcerated individual designated by\ncourt order for enrollment in the shock incarceration program requires a\ndegree of medical care or mental health care that cannot be provided at\na shock incarceration facility, the department, in writing, shall notify\nthe incarcerated individual, provide a proposal describing a proposed\nalternative-to-shock-incarceration program, and notify him or her that\nhe or she may object in writing to placement in such\nalternative-to-shock-incarceration program. If the incarcerated\nindividual objects in writing to placement in such\nalternative-to-shock-incarceration program, the department of\ncorrections and community supervision shall notify the sentencing court,\nprovide such proposal to the court, and arrange for the incarcerated\nindividual's prompt appearance before the court. The court shall provide\nthe proposal and notice of a court appearance to the people, the\nincarcerated individual and the appropriate defense attorney. After\nconsidering the proposal and any submissions by the parties, and after a\nreasonable opportunity for the people, the incarcerated individual and\ncounsel to be heard, the court may modify its sentencing order\naccordingly, notwithstanding the provisions of section 430.10 of the\ncriminal procedure law.\n  (ii) An incarcerated individual who successfully completes an\nalternative-to-shock-incarceration program within the department of\ncorrections and community supervision shall be treated in the same\nmanner as a person who has successfully completed the shock\nincarceration program, as set forth in subdivision four of section eight\nhundred sixty-seven of the correction law.\n