Relates to interim probation supervision

BILL NUMBER:S4794

Title of bill

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

Purpose

To have the time period that a court is limited to adjourn sentencing and place a defendant on interim probation supervision be one year from the date the defendant is actually placed on interim probation supervision instead of the date the conviction is entered.

Summary of specific provisions

Section 1: Amends paragraph (a) of subdivision 6 of section 390.30 of the Criminal Procedure Law to provide that when a court adjourns sentencing and places a defendant on interim probation supervision, the time that the court is limited to adjourn sentencing is one year from the date the defendant is actually placed on interim probation supervision, not the date the conviction is entered.

Section 2: Effective date.

Justification

Often when a defendant is to be placed on interim probation supervision, this does not take place on the same day their conviction is entered. In local justice courts these dates may be weeks or even months apart due to weather related or other rescheduling. This time difference significantly affects the ability of the courts to effectively utilize the interim probation supervision process. To adjust for this issue, this legislation changes the one year time limit for interim probation supervision to run from the date the defendant is actually placed on interim probation supervision instead of the date the conviction is entered.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.