NY A01494

Inmates become eligible for early parole after completing one-half of their minimum sentence if substance abuse was a significant contributing factor to their offense, they completed in-prison substance abuse treatment, and had no drug or alcohol disciplinary violations for two years.

Eligibility excludes inmates serving sentences for A-I felonies (except drug-related offenses under Penal Law Article 220) and violent felony offenses under Penal Law sections 70.04 or 70.08.

The parole board may determine substance abuse was a significant factor based on: sentencing court findings, department record review, or convictions where drug or alcohol use was an element of the crime.

Evidence supporting substance abuse determinations may include court records, pre-sentence reports, medical/mental health records, witness statements, correctional facility records, and documentation of treatment consultation.

Sentencing courts may make a finding that substance abuse was a significant contributing factor when sentencing defendants convicted of controlled substance or marijuana offenses, which can facilitate consideration for early release eligibility.