Bill Text: NY A04683 | 2019-2020 | General Assembly | Introduced

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Bill Title: Permits adjournment of sentencing for a period of one year from the date a defendant is placed on interim probation supervision.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A04683 Detail]

Download: New_York-2019-A04683-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4683
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by  M.  of  A.  B. MILLER  --  read once and referred to the
          Committee on Codes
        AN ACT to amend the criminal  procedure  law,  in  relation  to  interim
          probation supervision
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision 6 of  section  390.30  of  the
     2  criminal procedure law, as separately amended by section 1 of part O and
     3  section  5  of part AAA of chapter 56 of the laws of 2009, is amended to
     4  read as follows:
     5    (a) In any case where the court determines that a defendant is  eligi-
     6  ble  for a sentence of probation, the court, after consultation with the
     7  prosecutor and upon the  consent  of  the  defendant,  may  adjourn  the
     8  sentencing to a specified date and order that the defendant be placed on
     9  interim  probation  supervision.  In  no  event  may  the  sentencing be
    10  adjourned for a period exceeding one year from the date the  [conviction
    11  is entered] defendant is placed on interim probation supervision, except
    12  that upon good cause shown, the court may, upon the defendant's consent,
    13  extend  the  period  for  an additional one year where the defendant has
    14  agreed to and is still participating  in  a  substance  abuse  treatment
    15  program  in connection with a court designated a drug court by the chief
    16  administrator of the courts. When ordering that the defendant be  placed
    17  on  interim  probation  supervision,  the  court shall impose all of the
    18  conditions relating to supervision specified  in  subdivision  three  of
    19  section  65.10  of  the penal law and the court may impose any or all of
    20  the conditions relating  to  conduct  and  rehabilitation  specified  in
    21  subdivisions  two,  four,  five and five-a of section 65.10 of such law.
    22  The defendant must receive a written copy of any such conditions at  the
    23  time  he  or she is placed on interim probation supervision. The defend-
    24  ant's record of compliance with such conditions, as well  as  any  other
    25  relevant  information,  shall  be included in the presentence report, or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06573-01-9
        A. 4683                             2
     1  updated presentence report, prepared pursuant to this section,  and  the
     2  court  must  consider  such  record  and  information  when  pronouncing
     3  sentence. If a defendant satisfactorily  completes  a  term  of  interim
     4  probation  supervision,  he  or  she  shall  receive credit for the time
     5  served under the period of  interim  probation  supervision  toward  any
     6  probation sentence that is subsequently imposed in that case.
     7    § 2. This act shall take effect immediately.