] is old law to be omitted. LBD02235-01-5A. 1843 2 1 (ii) rely on a determination by the department based on a record 2 review once an incarcerated individual is otherwise eligible for early 3 release pursuant to paragraph (a) of this subdivision that the incarcer- 4 ated individual was abusing one or more substances at the time of the 5 commission of the crime and that such substance abuse appears to have 6 been a significant contributing factor in the commission of such 7 offense; or 8 (iii) make a finding that substance use was a significant contributing 9 factor in the commission of the crime when the incarcerated individual 10 is incarcerated with a conviction for any crime in which drug or alcohol 11 use or possession was an element. 12 Evidence in support of the determination that substance abuse was a 13 significant contributing factor in the commission of the offense may 14 include, but shall not be limited to, a court record, pre-sentence 15 report, social services record, hospital record, sworn statement of a 16 witness other than the incarcerated individual, local and state correc- 17 tional facility records, law enforcement records, any documentation 18 prepared at or near the time of the commission of the offense, or 19 verification of consultation with a licensed medical or mental health 20 professional, social worker or employee of an agency that provided 21 substance abuse treatment or counseling to the incarcerated individual. 22 (c) In determining whether to release an incarcerated individual to 23 early parole pursuant to this subdivision, the board shall apply the 24 factors listed in paragraph (c) of subdivision two of this section and 25 shall further consider any facts or circumstances submitted by the 26 applicant and may take witness testimony. 27 § 2. Subdivision 6 of section 60.04 of the penal law, as amended by 28 section 120 of subpart B of part C of chapter 62 of the laws of 2011, is 29 amended to read as follows: 30 6. Substance abuse treatment. When the court imposes a sentence of 31 imprisonment which requires a commitment to the state department of 32 corrections and community supervision upon a person who stands convicted 33 of a controlled substance or marihuana offense, the court may, upon 34 motion of the defendant in its discretion, make a finding that the 35 substance abuse was a significant contributing factor in the commission 36 of the offense and/or may issue an order directing that the department 37 of corrections and community supervision enroll the defendant in the 38 comprehensive alcohol and substance abuse treatment program in an alco- 39 hol and substance abuse correctional annex as defined in subdivision 40 eighteen of section two of the correction law, provided that the defend- 41 ant will satisfy the statutory eligibility criteria for participation in 42 such program. Notwithstanding the foregoing provisions of this subdivi- 43 sion, any defendant to be enrolled in such program pursuant to this 44 subdivision shall be governed by the same rules and regulations promul- 45 gated by the department of corrections and community supervision, 46 including without limitation those rules and regulations establishing 47 requirements for completion and those rules and regulations governing 48 discipline and removal from the program. No such period of court ordered 49 corrections based drug abuse treatment pursuant to this subdivision 50 shall be required to extend beyond the defendant's conditional release 51 date. 52 § 3. This act shall take effect on the one hundred twentieth day after 53 it shall have become a law.