Require Jail for Contempt

What's happening

Why it matters

1. 1

   Increases Penalties for Repeat Offenses. By mandating that each first-degree criminal contempt conviction results in a separate, consecutive one-year prison sentence, the bill significantly raises the stakes for repeat offenders, especially those violating orders of protection.

2. 2

   Removes Judicial Discretion in Sentencing. The new language eliminates the court’s ability to impose lighter or alternative sentences for these offenses—even when mitigating circumstances exist—potentially leading to harsher outcomes for all convicted individuals.

3. 3

   Direct Impact on Domestic Violence Cases. Since first-degree criminal contempt often involves violations of restraining orders (such as those meant to protect victims of domestic violence), the bill could be especially significant for survivors seeking enforcement, but may also result in longer incarcerations for offenders regardless of context.

4. 4

   Potential Systemic Effects. The requirement for consecutive, non-concurrent sentences could lead to increased prison populations and related costs, while also raising concerns about fairness and proportionality in sentencing.

Who cares

• People convicted under Penal Law § 215.51(b)(v)

  The bill would require a one-year jail sentence served in full, with a separate, nonconcurrent sentence for each violation.

• Sentencing judges

  The bill would mandate a fixed one-year sentence for these violations rather than leave the sentence length to judicial discretion.

• Prosecutors and defense attorneys

  Each violation of the specified first-degree criminal contempt provision would carry an additional one-year sentence that could not run concurrently with sentences for other violations.

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