NY Penal L § 60.04 (2021)
2021 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 incarcerated individual, 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 incarcerated individual 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  incarcerated  individual,  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    incarcerated individual     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 incarcerated individual's prompt appearance before the court. The court shall provide the proposal and notice  of  a  court  appearance  to  the  people,  the incarcerated  individual  and  the  appropriate  defense attorney. After considering the proposal and any submissions by the parties, and after a reasonable opportunity for the people, the incarcerated  individual  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   incarcerated  individual  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.