Authorizes the transfer of interim probation supervision

1 Co-sponsor

• Patrick M. Gallivan

BILL NUMBER:S7190A

Title of bill

An act to amend the criminal procedure law, in relation to authorizing the transfer of interim probation supervision

Summary of provisions

This bill would allow courts to issue interim probation to persons who do not reside within the county in which the court is located.

Section 1 - amends subdivisions 1 and 2 of section 410.80 of the Criminal Procedure Law to permit the authority to transfer supervision of interim probation to the probation department of another jurisdiction within New York State. A new subdivision (b) is added to section 2 to provide that where the transfer is authorized for interim probation supervision, the sentencing court shall retain jurisdiction during the period of interim probation.

Section 2 - amends subdivision 8 of section 216.05 of the Criminal Procedure Law to provide that the court may allow a defendant participating in a judicial diversion program to reside in another jurisdiction under conditions set by the court and agreed to by the defendant.

Section 3 - provides that this act shall take effect immediately.

Purpose and justification

Many local courts, with the consent of the district attorney, offer interim probation, often in connection with a substance treatment program. Unfortunately, while courts can offer interim probation and drug treatment diversion programs for residents of the county in which the court is located, they are currently unable to offer the same disposition to defendants who reside in other counties. Interim probation, which requires defendants to meet certain requirements, often including drug treatment diversion programs, in connection with allowing a reduced plea upon successful completion of the interim probation, can be a valuable educational and treatment tool. This bill will allow courts to offer defendants, when appropriate, the same plea options without regard to whether they reside in the same county as the court.

Existing law

Criminal Procedure Law section 410.80 relates to the transfer supervision of regular probation. Criminal Procedure Law section 216.05 relates to judicial diversion programs.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.