Relates to commitment for intermittent sentences

1 Co-sponsor

• John A. DeFrancisco

BILL NUMBER:S3488A

Title of bill

An act to amend the criminal procedure law, in relation to commitment for intermittent sentences

Summary of provisions

Section 1 amends Section 430.20 of the criminal procedure law by adding a new subdivision 3-a which provides that where a defendant who receives an intermittent sentence resides in another jurisdiction within New York State, the sentencing court may transfer commitment to the county department of correction where the defendant resides. The sentencing court shall retain jurisdiction for any additional matters pertaining to the case.

Section 2 provides that this act. shall take effect on the sixtieth day after it shall have become law.

Purpose and justification

Currently, when a defendant is given an intermittent sentence, such as a sentence of incarceration over a series of weekends, this sentence must be served within the jurisdiction of the court. If the defendant resides in another county, which may be a great distance away, the travel requirements to and from jail can be difficult and increase the chances, whether because of inclement weather or travel delays, that the defendant will be late or otherwise violate the terms of his or her sentence. This bill would give the sentencing court the option, if the judge believes it would be appropriate, to have the defendant serve the intermittent sentence within his or her county of residence.

Prior legislative history

New bill.

Fiscal implications

None

Effective date

This act shall take effect on the sixtieth day after it shall have become law.