Section 410.91. Sentence of parole supervision

1.  A  sentence  of parole supervision is an indeterminate sentence of
  imprisonment which may be imposed upon an eligible defendant, as defined
  in subdivision two of this section. Such sentence shall have  a  minimum
  term  and  a  maximum  term  within the ranges specified by subdivisions
  three and four of section 70.06 of the penal law. Provided, however,  if
  the  court directs that the sentence be executed as a sentence of parole
  supervision, it shall remand the defendant for immediate delivery  to  a
  reception  center  operated  by  the  state  department  of correctional
  services, in accordance with section 430.20  of  this  chapter  and  six
  hundred  one of the correction law, for a period not to exceed ten days.
  An individual who receives such a sentence shall  be  placed  under  the
  immediate  supervision  of  the state division of parole and must comply
  with the conditions of parole, which shall include an initial  placement
  in a drug treatment campus for a period of ninety days at which time the
  defendant shall be released therefrom.
    2.  A  defendant is an "eligible defendant" for purposes of a sentence
  of parole supervision when such defendant is a felony offender convicted
  of a specified offense or offenses as defined  in  subdivision  five  of
  this  section,  who stands convicted of no other felony offense, who has
  not previously been convicted of either  a  violent  felony  offense  as
  defined in section 70.02 of the penal law, a class A felony offense or a
  class  B  felony  offense other than a class B felony offense defined in
  article two hundred twenty of the penal law, and is not  subject  to  an
  undischarged term of imprisonment.
    3.  When  an indeterminate sentence of imprisonment is imposed upon an
  eligible defendant for a specified offense, as  defined  in  subdivision
  five  of  this  section,  the  court  may  direct  that such sentence be
  executed as a sentence of parole supervision if the court finds (i) that
  the defendant has a history of controlled substance dependence that is a
  significant contributing factor to such  defendant's  criminal  conduct;
  (ii)  that  such  defendant's  controlled  substance dependence could be
  appropriately addressed by a sentence of parole supervision;  and  (iii)
  that  imposition  of such a sentence would not have an adverse effect on
  public safety or public confidence in  the  integrity  of  the  criminal
  justice system.
    5.  For  the  purposes  of  this  section, a "specified offense" is an
  offense defined by any of the following provisions  of  the  penal  law:
  burglary  in  the  third  degree  as defined in section 140.20, criminal
  mischief in the third degree as  defined  in  section  145.05,  criminal
  mischief  in  the  second  degree  as  defined  in section 145.10, grand
  larceny in the fourth degree as defined in subdivision one, two,  three,
  four,  five, six, eight, nine or ten of section 155.30, grand larceny in
  the third degree as defined in section 155.35 (except where the property
  consists of one or more firearms, rifles or shotguns), unauthorized  use
  of a vehicle in the second degree as defined in section 165.06, criminal
  possession  of  stolen  property  in  the  fourth  degree  as defined in
  subdivision one, two, three, five or six  of  section  165.45,  criminal
  possession  of stolen property in the third degree as defined in section
  165.50 (except where the property consists  of  one  or  more  firearms,
  rifles  or shotguns), forgery in the second degree as defined in section
  170.10, criminal possession of a forged instrument in the second  degree
  as defined in section 170.25, unlawfully using slugs in the first degree
  as  defined  in  section  170.60,  or  an  attempt  to commit any of the
  aforementioned offenses if such attempt constitutes a felony offense; or
  a class B felony offense defined in article two hundred twenty  where  a
  sentence  is  imposed  pursuant  to  paragraph (a) of subdivision two of
  section 70.70 of the penal law; or any class  C,  class  D  or  class  E

  controlled  substance  or marihuana felony offense as defined in article
  two hundred twenty or two hundred twenty-one.
    6.  Upon  delivery of the defendant to the reception center, he or she
  shall be given a copy of the conditions of parole by a representative of
  the division of parole and shall acknowledge receipt of a  copy  of  the
  conditions in writing. The conditions shall be established in accordance
  with article twelve-B of the executive law and the rules and regulations
  of  the  division  of  parole.  Thereafter  and  while  the  parolee  is
  participating in the intensive drug treatment program  provided  at  the
  drug treatment campus, the division of parole shall assess the parolee's
  special   needs  and  shall  develop  an  intensive  program  of  parole
  supervision that will address the parolee's substance abuse history  and
  which  shall  include periodic urinalysis testing. Unless inappropriate,
  such program shall include the provision  of  treatment  services  by  a
  community-based  substance  abuse  service provider which has a contract
  with the division of parole.
    7. Upon completion of the drug treatment program at the drug treatment
  campus,  a  parolee  will  be  furnished  with   money,   clothing   and
  transportation   in   a  manner  consistent  with  section  one  hundred
  twenty-five of the correction law to permit the  parolee's  travel  from
  the  drug  treatment  campus  to  the  county  in  which  the  parolee's
  supervision will continue.
    8. If the parole officer having charge of a person sentenced to parole
  supervision pursuant to this section has  reasonable  cause  to  believe
  that  such  person has violated the conditions of his or her parole, the
  procedures of subdivision three of section two hundred  fifty-nine-i  of
  the  executive  law  shall  apply  to  the issuance of a warrant and the
  conduct  of  further  proceedings;  provided,  however,  that  a  parole
  violation  warrant issued for a violation committed while the parolee is
  being supervised at a drug treatment campus shall  constitute  authority
  for  the immediate placement of the parolee into a correctional facility
  operated by the department of correctional services, which to the extent
  practicable shall be reasonably proximate to  the  place  at  which  the
  violation occurred, to hold in temporary detention pending completion of
  the  procedures  required  by  subdivision  three of section two hundred
  fifty-nine-i of the executive law.
    * NB Repealed September 1, 2011