Relates to sentences of imprisonment for certain class C felonies

Section 2 contains the effective date.

Justification

Penal Law section 70.00(1) sets forth the general rule that a sentence of imprisonment for a non-violent felony offense (other than a drug, marihuana or sex offense) must be an indeterminate sentence to State prison. Subdivision four of that section establishes an exception to this rule by allowing for the imposition of a definite (i.e., local jail) sentence of imprisonment for persons, other than second or persistent felony offenders, convicted of a class D or E felony offense. That subdivision provides, in pertinent part, as follows:

When a person, other than a second or persistent felony offender, is sentenced for a class D or class E felony, and the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose an indeterminate or determinate sentence, the court may impose a definite sentence of imprisonment and fix a term of one year or less.

Penal Law section 70.00(4).

For certain class C non-violent felony offenses enumerated in subdivision four of Penal Law section 60.05(4), imprisonment is mandatory, and can only be satisfied by the imposition of an indeterminate State prison sentence. See, PL sections 60.05(4) and 70.00(1). For those non-violent class C felony offenses that are not enumerated in section 60.05(4), however, a sentence of imprisonment is not required. The list of non-violent class C felony offenses for which a sentence of imprisonment is not required includes crimes such as Manslaughter in the Second Degree, Vehicular Manslaughter in the First Degree, Trademark Counterfeiting in the First Degree, Soliciting or Providing Support for an Act of Terrorism in the First Degree, Money Laundering in the Second Degree, Criminal Facilitation in the Second Degree, Criminal Possession of Stolen Property in the Second Degree, Bribery in the Second Degree, Computer Tampering in the First Degree, Forgery in the First Degree, Welfare Fraud in the Second Degree and Criminal Possession of a Public Benefit Card. For these crimes, a sentence of straight probation, a conditional discharge or even a fine is permitted. See, PL sections 60.01(2) and (3), 65.00(1)(a) and 65.05(1)(a). Where, however, the court chooses to impose imprisonment rather than, for example, probation or a conditional discharge, the sentence of imprisonment must be an indeterminate State prison sentence PL section 70.00(1).

This discrepancy in the available range of sentences for this relatively large group of class C non-violent felonies makes no sense. If, as is currently the case, a defendant convicted of one of these offenses may be sentenced to an indeterminate sentence of imprisonment, or to probation, a conditional discharge or a fine, he or she should also be eligible for a sentence that would seem to fall "in between" these two extremes (i.e., a definite sentence to local jailor a "split" sentence of local jail followed by probation). This treasure would amend subdivision four of Penal Law section 70.00 to correct this discrepancy by adding this diverse group of non-violent class C felonies to the list of felony offenses that are eligible for an "alternative" definite sentence of imprisonment of one year or less under that subdivision.

Legislative history

New Legislation.

Fiscal implications

There will be savings to the state based on reduced incarceration costs.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.