Changes community service to be compensatory service in certain sentencing alternative programs

BILL NUMBER:A1801A

Title of bill

An act to amend the alcoholic beverage control law, the correction law, the environmental conservation law, the executive law, the parks, recreation and historic preservation law and the vehicle and traffic law, in relation to compensatory service

Purpose or general idea of bill

This bill would change "community service" to "compensatory service" in certain alternative sentencing programs.

Summary of specific provisions

Section 1 of the bill amends paragraphs (a), (b), and (c) of subdivision 4 of section 65-b of the alcoholic beverage control law to replace "community service" to "compensatory service" as a penalty for violation of the article.

Section 2 of the bill amends paragraphs (a), (b), and (c) of subdivision 2 and subdivision 3 of section 65-b of the alcoholic beverage control law to replace "community service" to "compensatory service" as a penal- ty for violation of the article.

Section 3 of the bill amends subdivision 5 of section 851 of the correction law to replace "community service program" with "compensatory services program" for eligible inmates to participate in off premises service related activities.

Section 4 of the bill amends subdivision 2 of section 855 of the correction law to replace "community services program" with "compensato- ry services program".

Section 5 of the bill amends paragraph hit of subdivision 1 of section 3-0301 of the environmental conservation law to replace "community service" with "compensatory service".

Section 6 of the bill amends paragraph b of subdivision I of section 261 of the executive law to replace "community service" with "compensatory service".

Section 7 of the bill amends subdivision 2-f of section 3.09 of the parks, recreation, and historic preservation law to replace "community service" with "compensatory service".

Section 8 of the bill amends paragraph (e) of subdivision 3 of section 1198 of the vehicle and traffic law to replace "community service" with "compensatory service".

Section 9 of the bill provides for an effective date.

Justification

This bill would replace the term "community service' with "compensatory service." Presently, Justices throughout our state often impose community service sentences in lieu of paying fines or, in some cases, serving jail time. This term implies an aura of civic

responsibility, as most who perform community service do so voluntarily and out of kindness.

The criminal defendant, on the other hand, is mandated to contribute his or her time to community programs in lieu of paying a fine or going to jail. It is extremely doubtful that many of those presently sentenced to "community service" would do such work on their own without a Court mandate. Their actions therefore should be given a different terminology than those who voluntarily perform community service.

Prior legislative history

2007-2008: A.3882- Passed both houses, Veto No. 66 2005-2006: A.1254/S.6991- Passed Both Houses, Veto No. 244 2003-2004: A.5118- Passed Assembly/ S.2576- Committed to Rules 2001-2002: A.336-A- Passed Assembly) S.7601- Referred to Rules

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately