NY A09852

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

Excludes individuals serving sentences for A-I felonies (except drug-related felonies under Penal Law Article 220) or violent felony offenses from early release eligibility.

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

Directs the department of corrections to certify eligibility to the parole board and requires the board to consider standard parole factors plus facts and circumstances submitted by the applicant.

Amends Penal Law to allow sentencing courts to make a finding that substance abuse was a significant contributing factor when imposing sentences for controlled substance or marijuana offenses, effective 120 days after enactment.