Relates to probation sentences and the revocation thereof

BILL NUMBER:S6346

Title of bill

An act to amend the penal law and the criminal procedure law, in relation to terms of probation sentences and revocations thereof; and to amend a chapter of the laws of 2013, relating to establishing terms of probation sentences and revocations thereof under certain circumstances, as proposed in legislative bills numbers S. 4664-A and A. 4582-B, in relation to the effectiveness thereof

Summary of provisions

Excerpt from Governor's approval message:

"This bill gives judges greater discretion in determining the length of a probationary sentence for certain felony and misdemeanor offenses. It will improve public safety by enabling probation departments to more efficiently and effectively provide supervision to probationers who need it, rather than expending supervision resources on low risk offenders who may not require supervision for such a lengthy period of time.

However, the bill does not make it clear that before a court modifies a sentence by lengthening it, should that be necessary, it must afford a defendant due process. Nor does the bill make it clear that if a probation term is so extended, an offender must receive credit for any time he or she spent under supervision or while incarcerated for an alleged violation of probation. To ensure that this initiative is properly implemented, the Legislature has agreed to a chapter amendment to clarify these issues, and also has agreed to extend the effective date of this bill, and on that basis, I am signing it."

Justification

S 4664-A has become law chapter 556 memo 18, of the laws of 2013. This legislation makes modifications that have been agreed to by the Governor and the Senate and Assembly as outlined above

Legislative history

New Bill

Fiscal implications

None to the State

Effective date

This act shall take effect on the same date and in the same manner as a chapter of the laws of 2013, relating to establishing terms of probation sentences and revocations thereof under certain circumstances, as proposed in legislative bills numbers S.4664-A and A.4582-B, as amended, takes effect.