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New York Penal Law Section 60.04 - Authorized Disposition; Controlled Substances And Marihuana Felony Offenses.Legal Research Home > New York Lawyer > Penal > New York Penal Law Section 60.04 - Authorized Disposition; Controlled Substances And Marihuana Felony Offenses. Sponsored Links
§ 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 title, unless such person is
convicted of a class B felony and is sentenced to probation in
accordance with section 65.00 of this title.
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 upon a
second felony drug offender, as defined in paragraph (b) of subdivision
one of section 70.70 of this title, it must sentence such offender to
imprisonment in accordance with the applicable provisions of section
70.70 of this title.
6. Substance abuse treatment. When the court imposes a sentence of
imprisonment which requires a commitment to the state department of
correctional services 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 correctional services 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 correctional services,
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.
Last modified: July 30, 2006 |