Relates to revocable sentences of probation or conditional discharge and imprisonment

Title of bill

An act to amend the penal law, in relation to revocable sentences of probation or conditional discharge and imprisonment

This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Local Courts Advisory Committee.

This measure would authorize an increase in the maximum jail sentence - from 60 days to 90 days - that may be imposed for a misdemeanor conviction where there is a concurrent sentence of jail plus probation or conditions, i.e., a "split sentence." Penal Law 60.01(2)(d) now authorizes a court to impose a split sentence of up to a maximum of 60 days in jail for a misdemeanor, along with a term of probation, which together cannot exceed the authorized term of probation as set forth in Penal Law § 65.00(3). See People v Zephrin, 14 NY3d 296, 299-300 (2010).

The "split sentence" option of Penal Law 60.01(2)(d) provides for an important sentencing alternative in those cases where neither a straight jail term alone nor a supervisory sentence is considered appropriate by itself. Unfortunately, however, there are many cases where the judge at sentencing or the prosecutor during plea negotiations may feel constrained to reject the "split sentence" in favor of straight imprisonment because they are uncomfortable with sentencing the defendant to only 60 days in jail. This works to deprive many defendants, especially in drug treatment and other specialty courts, of the beneficial rehabilitative options available through probation. We believe that "split sentences" would be utilized more widely if judges had the discretion to impose a jail term of up to 90 days as part of the overall split sentence, and that fewer prosecutors would insist on long sentences of straight jail time if there was an option of combining probation with a jail term of 90 days instead of only 60 days. In the view of our Advisory Committee, sentencing a defendant with an underlying problem like drug addiction to a split sentence of 90 days plus probation generally produces better results than sentencing the defendant to a longer term of straight jail time without the benefits and rehabilitative options available through probation.

In order to effectuate the foregoing goals, this measure would amend Penal Law 60.01(2)(d) to increase, from 60 days to 90 days, the maximum period of incarceration that may be served in conjunction with a sentence of probation or conditional discharge for a Class A misdemeanor.

This measure, which would have no fiscal impact on state or local governments, would take effect on the first day of November next succeeding the date on which it shall become a law, and shall apply only to offenses committed on or after such effective date.

Legislative history

None. New proposal.