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A6426Assembly2017-2018 SessionSame asS2048

Clarify Interim Probation Timing

Official title

“Relates to interim probation supervision”

Sponsor Brian D. MillerAD-101Affects Legal
Status
In Assembly Committee
Codes
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill changes when the one-year limit for interim probation supervision begins, starting from placement rather than conviction.

Why it matters

  1. Clarifies when the one-year limit for interim probation supervision starts, moving it from the date of conviction to the date the defendant is actually placed on supervision. this change can avoid confusion and ensure all parties know exactly when the clock starts for probation compliance.

  2. May reduce unnecessary administrative disputes or errors. about when probationary periods end, benefiting both defendants and court staff by making timeframes more predictable and transparent.

  3. Helps ensure defendants get full credit for time spent under interim probation supervision. if sentenced to probation later, which could have implications for fairness and rehabilitation outcomes.

  4. Could impact plea negotiations and case management strategies. for defense attorneys, prosecutors, and judges, as the timing of probation supervision now aligns more closely with the period when defendants are actively being monitored.

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Who cares

Headline styles

Clarify Interim Probation Timing

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brian D. Miller

Assembly Member · Assembly District 101

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S2048Senate

Adjust Interim Probation Rules

In Senate Committee · Codes · Sponsor John J. Bonacic

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6426

2017-2018 Regular Sessions

IN ASSEMBLY

March 7, 2017

Introduced by M. of A. B. MILLER -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to interim probation supervision

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (a) of subdivision 6 of section 390.30 of the criminal procedure law, as separately amended by section 1 of part O and section 5 of part AAA of chapter 56 of the laws of 2009, is amended to read as follows:

(a) In any case where the court determines that a defendant is eligible for a sentence of probation, the court, after consultation with the prosecutor and upon the consent of the defendant, may adjourn the sentencing to a specified date and order that the defendant be placed on interim probation supervision. In no event may the sentencing be adjourned for a period exceeding one year from the date the [conviction is entered] defendant is placed on interim probation supervision, except that upon good cause shown, the court may, upon the defendant's consent, extend the period for an additional one year where the defendant has agreed to and is still participating in a substance abuse treatment program in connection with a court designated a drug court by the chief administrator of the courts. When ordering that the defendant be placed on interim probation supervision, the court shall impose all of the conditions relating to supervision specified in subdivision three of section 65.10 of the penal law and the court may impose any or all of the conditions relating to conduct and rehabilitation specified in subdivisions two, four, five and five-a of section 65.10 of such law. The defendant must receive a written copy of any such conditions at the time he or she is placed on interim probation supervision. The defendant's record of compliance with such conditions, as well as any other relevant information, shall be included in the presentence report, or

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05126-01-7

A. 6426 2

updated presentence report, prepared pursuant to this section, and the court must consider such record and information when pronouncing sentence. If a defendant satisfactorily completes a term of interim probation supervision, he or she shall receive credit for the time served under the period of interim probation supervision toward any probation sentence that is subsequently imposed in that case.

§ 2. This act shall take effect immediately.

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.