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440.46 Motion for resentence; certain controlled substance offenders

January 20, 2018 New York Penal Code

Section 440.46 concerns and applies to incarcerated men or women who meet specific criteria. Therefore, a man or a woman who is presently imprisoned must meet all the following requirements before they may apply for a resentencing under the stipulations provided for within section 440.46. First of all, Section 440.46 is only applicable for inmates who are presently incarcerated by the department of corrections.

Section 440.46 is also only applicable for inmates who have been incarcerated and who have started their sentence on a date that is before January the 13th of the year 2005. They must have also been found guilty with regards to class B felony criminal offense charges, as delineated in document 220 of the pertinent legislation. Finally, they must be an inmate who happens to be sentenced to an indeterminate punishment with the a period of greater than three years.

Therefore, anyone who meets the aforementioned criteria could quite possibly submit an application to be reallocated with a determinate punishment. The resentencing process starts upon an announcement of an intention to apply for a resentencing to the suitable district attorney. Remember, there are exceptions to the aforementioned for the reasons that are available in subdivision 5 of section 440.46.

However, also bear in mind that the contemplation of the court with regards to the confinement of a man or a woman will be required to take into account the fact of whether these incarcerated persons have taken part in an official course of treatment. The court will also consider any other type of treatment program as acceptable. The court will therfore look favorably on inmates who have at least displayed a readiness to become involved in treatment.

However, the court will need to consider any facts that relate to whether or not any particular inmate might not have been able to become involved in an official course of treatment, or any other type of treatment program, during the time that they are incarcerated. If they were unable to, despite the presence of their readiness to accomplish such a course of treatment, then the law is designed to not view such a lack of participation as an unfavorable sign. Therefore, the desire to attend a treatment program will be considered when making a decision on activities according to this component of the law.

At the same time, the data as mentioned earlier will be combined with the actions of these incarcerated men or women and their historical disciplinary past to arrive at a decision about their resentence request. The court’s contemplation of the confinement is therefore related to the measures necessary to ensure the application and coordination between the different bodies or entities concerned by the problems of addiction, as well as by the policy in this area.

The court shall, in particular, consider treatments relating to addiction problems and any proposals that may be useful in combating the abuse of narcotic drugs or other psychotropic substances. The court should additionally ensure the coordination of treatment and treatment actions, and treatment projects on addictions. The court shall also promote, in matters of dependence, resentencing as a way to reward inmates who participate in prevention, informational and treatment programs and with measures of prevention. Examples of controlled substances are codeine, narcotics, oxycodone, methadone, Benzodiazepines, alprazolam, temazepam, etc.

The court shall also reward inmates for the training and development on how to face addiction problems. An extract of judgments and orders issued by the judicial authority in the application of the resentencing law must be communicated to the incarcerated. Infringements of these regulations by an inmate shall be punished with judgments or a fine in accordance with the law.

This article is by, a premier team of Los Angeles criminal defense lawyers.



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