Bill Text: NY A10555 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the transfer of interim probation supervision where the defendant moves to or lives in another county; provides that sentencing court retains jurisdiction; applies to judicial diversion.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-18 - substituted by s7190a [A10555 Detail]

Download: New_York-2011-A10555-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10555
                                 I N  A S S E M B L Y
                                     June 5, 2012
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lentol) --
         read once and referred to the Committee on Codes
       AN ACT to amend the criminal procedure law, in relation  to  authorizing
         the transfer of interim probation supervision
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 1 and 2 of  section  410.80  of  the  criminal
    2  procedure law, subdivision 1 as amended by section 51 of part A of chap-
    3  ter  56  of the laws of 2010 and subdivision 2 as amended by chapter 191
    4  of the laws of 2007, are amended to read as follows:
    5    1. Authority to transfer supervision. Where a probationer at the  time
    6  of sentencing OR AN INTERIM PROBATIONER AT THE TIME OF THE IMPOSITION OF
    7  THE PERIOD OF INTERIM PROBATION SUPERVISION resides in another jurisdic-
    8  tion  within  the state, the sentencing court shall transfer supervision
    9  to the appropriate probation  department  in  such  other  jurisdiction.
   10  Where,  after  a  probation sentence OR INTERIM PROBATION SUPERVISION is
   11  pronounced, a probationer OR INTERIM PROBATIONER desires  to  reside  in
   12  another jurisdiction within the state that is not served by the sentenc-
   13  ing  court, such court, in its discretion, may approve a change in resi-
   14  dency and, upon approval, shall transfer supervision to the  appropriate
   15  probation  department  serving  the county of the probationer's proposed
   16  new residence. Any transfer under this subdivision must be in accordance
   17  with rules adopted by the  commissioner  of  the  division  of  criminal
   18  justice services.
   19    2. Transfer of powers. (A) Upon completion of transfer OF PROBATION as
   20  authorized  pursuant to subdivision one, the probation department in the
   21  receiving jurisdiction  shall  assume  all  powers  and  duties  of  the
   22  probation  department  in the jurisdiction of the sentencing court. Upon
   23  completion of transfer, the appropriate court within the jurisdiction of
   24  the receiving probation department shall assume all powers and duties of
   25  the sentencing court and  shall  have  sole  jurisdiction  in  the  case
   26  including jurisdiction over matters specified in article twenty-three of
   27  the  correction  law.  Further,  the  sentencing court shall immediately
   28  forward its entire case record to the receiving court.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15496-03-2
       A. 10555                            2
    1    (I) In transfers involving a defendant  sentenced  to  probation  upon
    2  conviction  of  a  felony,  the  RECEIVING court served by the probation
    3  department to which supervision is transferred  shall  be  the  superior
    4  court within the jurisdiction of the probation department.
    5    (II)  In  transfers  involving a defendant sentenced to probation upon
    6  conviction of a misdemeanor, the receiving court served by the probation
    7  department to which supervision is transferred shall be the  appropriate
    8  criminal  court within the jurisdiction of the probation department. The
    9  sending probation department shall consult with the probation department
   10  to which supervision will be transferred to  determine  the  appropriate
   11  criminal court to receive the case.
   12    (B)  WHERE  A  TRANSFER  IS  AUTHORIZED  FOR  A  DEFENDANT  ON INTERIM
   13  PROBATION SUPERVISION PURSUANT TO SUBDIVISION ONE OF THIS  SECTION,  THE
   14  SENTENCING  COURT SHALL RETAIN JURISDICTION DURING THE PERIOD OF INTERIM
   15  PROBATION.   THE PROBATION DEPARTMENT IN  THE  RECEIVING    JURISDICTION
   16  SHALL  ASSUME ALL POWERS AND DUTIES OF THE ORIGINAL PROBATION DEPARTMENT
   17  IN THE JURISDICTION OF THE SENTENCING COURT.
   18    S 2. Subdivision 8 of section 216.05 of the criminal procedure law, as
   19  added by section 4 of part AAA of chapter 56 of the  laws  of  2009,  is
   20  amended to read as follows:
   21    8.    During the period of a defendant's participation in the judicial
   22  diversion program, the court shall retain jurisdiction of the defendant,
   23  PROVIDED, HOWEVER, THAT THE COURT MAY ALLOW SUCH DEFENDANT TO RESIDE  IN
   24  ANOTHER JURISDICTION WHILE PARTICIPATING IN A JUDICIAL DIVERSION PROGRAM
   25  UNDER  CONDITIONS SET BY THE COURT AND AGREED TO BY THE DEFENDANT PURSU-
   26  ANT TO SUBDIVISIONS FIVE AND SIX OF THIS SECTION.  The court may require
   27  the defendant to appear in court at any time  to  enable  the  court  to
   28  monitor  the  defendant's  progress in alcohol or substance abuse treat-
   29  ment. The court shall  provide  notice,  reasonable  under  the  circum-
   30  stances,  to  the  people, the treatment provider, the defendant and the
   31  defendant's counsel whenever it orders or otherwise requires the appear-
   32  ance of the defendant in court. Failure to appear  as  required  without
   33  reasonable cause therefor shall constitute a violation of the conditions
   34  of the court's agreement with the defendant.
   35    S 3. This act shall take effect immediately.