NY A10946

Allows inmates whose substance abuse was a significant contributing factor to their offense to be eligible for early parole release after completing one-half of their minimum sentence, provided they have completed substance abuse treatment and had no drug or alcohol disciplinary violations for two years prior to application.

Excludes inmates serving sentences for A-I felonies (except drug-related offenses under article 220 of the penal law) and violent felonies from early release eligibility.

Establishes three methods for determining whether substance abuse was a significant contributing factor: sentencing court finding, department record review, or conviction for a crime where drug or alcohol use or possession was an element.

Permits courts to make a finding that substance abuse was a significant contributing factor when imposing sentences on defendants convicted of controlled substance or marijuana offenses, and may order enrollment in comprehensive alcohol and substance abuse treatment programs.

Takes effect 120 days after becoming law.