Bill Text: NY S04794 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 4794 (Prior Session Legislation)

Introduced

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 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S04794 Detail]

Download: New_York-2013-S04794-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4794
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 24, 2013
                                      ___________
       Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
         printed to be committed 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.
                                                                  LBD06721-01-3
       S. 4794                             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    S 2. This act shall take effect immediately.