What's happening
This bill increases the maximum jail time courts may impose for class A misdemeanors and felonies when paired with probation or conditional discharge.
Why it matters
Expands judicial discretion. By increasing the maximum allowable jail time that can be combined with probation or conditional discharge, judges gain more flexibility to tailor sentences—potentially leading to consequences that better fit the severity or circumstances of each case.
Potentially tougher penalties. The bill raises the maximum jail time from 60 to 90 days for class A misdemeanors and from 6 to 9 months for felonies when paired with probation or conditional discharge, which could mean longer periods of incarceration for certain offenders alongside community supervision.
Impacts on rehabilitation and recidivism. The change may affect how effectively probation or conditional discharge supports rehabilitation, since longer jail terms—even when paired with supervision—could disrupt employment, family ties, or access to treatment programs.
Affects only future cases. The new sentencing options would only apply to offenses committed after the bill’s effective date, so individuals already sentenced or charged under current law would not be impacted.
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Who cares
Headline styles
Expand Probation for Misdemeanors
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1125
2017-2018 Regular Sessions
IN ASSEMBLY
January 10, 2017
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to revocable sentences of probation or conditional discharge and imprisonment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (d) of subdivision 2 of section 60.01 of the penal law, as amended by chapter 65 of the laws of 1982, is amended to read as follows:
(d) In any case where the court imposes a sentence of imprisonment not in excess of sixty days[,] for a class B misdemeanor, or not in excess of ninety days for a class A misdemeanor, or not in excess of [six] nine months for a felony or in the case of a sentence of intermittent imprisonment not in excess of four months, it may also impose a sentence of probation or conditional discharge provided that the term of probation or conditional discharge together with the term of imprisonment shall not exceed the term of probation or conditional discharge authorized by article sixty-five of this chapter. The sentence of imprisonment shall be a condition of and run concurrently with the sentence of probation or conditional discharge.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law, and shall apply only to offenses committed on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04430-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.