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.