What's happening
This bill requires automatic revocation of probation and consecutive prison sentences for individuals who commit a new felony while on felony probation, unless mitigating circumstances exist.
Why it matters
Significantly increases consequences for new felony offenses committed while on felony probation. by mandating that probation is automatically revoked and a new prison sentence is imposed, rather than leaving such decisions primarily to judicial discretion.
Requires consecutive prison sentences. for the new felony and the original offense (rather than allowing them to be served at the same time), potentially leading to substantially longer total incarceration periods for affected individuals, unless a judge specifically identifies and records mitigating circumstances.
Reduces judicial flexibility in sentencing. by establishing a presumption that sentences must run consecutively and that probation must be revoked upon conviction of a new felony while on probation, which could impact case-by-case considerations of rehabilitation, intent, or circumstance.
Could deter probationers from reoffending but may also increase prison populations. and correctional costs, while raising concerns about disproportionately harsh outcomes for those who commit new offenses under complex or challenging life circumstances.
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Who cares
People on felony probation
Those convicted of another felony committed during supervision and given a new determinate or indeterminate sentence would face mandatory probation revocation and an additional prison term of more than one year.
Sentencing judges
Courts would have to make the additional prison term consecutive to the new felony sentence unless they put mitigating circumstances on the record to justify concurrent sentences.
Probation departments
The bill would require revocation rather than termination of felony probation when a qualifying new felony conviction results in a determinate or indeterminate sentence.
- Likely support
Criminal defense attorneys
Lawyers representing affected defendants would need to address mandatory revocation and the mitigating circumstances that could support concurrent prison terms.
Headline styles
Revoke Probation After New Crime
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- 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.
Revoke Probation For New Felony
In Senate Committee · Rules · Sponsor Andrew J. Lanza
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6542
2017-2018 Regular Sessions
IN ASSEMBLY
March 9, 2017
Introduced by M. of A. CUSICK -- read once and referred to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in relation to revocation of probation and re-sentencing upon conviction of a felony while under probation supervision for a felony conviction
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 60.01 of the penal law, as amended by chapter 548 of the laws of 1984, is amended to read as follows:
4. In any case where a person has been sentenced to a period of probation imposed pursuant to section 65.00 of this chapter, if the part of the sentence that provides for probation is revoked, the court must sentence such person to imprisonment or to the sentence of imprisonment and probation as provided for in paragraph (d) of subdivision two of this section. Provided, however, that where a person who has been sentenced to a period of probation upon conviction of a felony is subsequently convicted of a felony or is convicted of an offense in another jurisdiction which if committed in this state would constitute a felony, which subsequent felony is committed while under his or her present probation supervision, and a new indeterminate or determinate sentence is imposed for such subsequent felony, the part of the sentence that provided for probation shall be revoked and such person shall be sentenced to a term of imprisonment of over one year. Such term shall run consecutively to the term of imprisonment imposed for the subsequent felony, unless the court determines that mitigating circumstances exist, in which case the court must place such circumstances on the record and a concurrent sentence may be imposed.
§ 2. Section 70.25 of the penal law is amended by adding a new subdivision 6 to read as follows:
6. Where a person who has been sentenced to a period of probation imposed pursuant to section 65.00 of this title upon conviction of a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02456-01-7
A. 6542 2
felony is subsequently convicted of a felony or is convicted of an offense in another jurisdiction which if committed in this state would constitute a felony, which subsequent felony is committed while under his or her present probation supervision, and a new indeterminate or determinate sentence is imposed for such subsequent felony, the part of the sentence that provided for probation shall be revoked, and such person shall be sentenced to a term of imprisonment of over one year. Such term shall run consecutively to the term of imprisonment imposed for the subsequent felony, unless the court determines that mitigating circumstances exist, in which case the court must place such circumstances on the record and a concurrent sentence may be imposed.
§ 3. Subdivision 2 of section 410.10 of the criminal procedure law is amended to read as follows:
2. Commission of an additional offense, other than a traffic infraction, after imposition of a sentence of probation or of conditional discharge, and prior to expiration or termination of the period of the sentence, constitutes a ground for revocation of such sentence irrespective of whether such fact is specified as a condition of the sentence. Conviction of a subsequent felony or of an offense in another jurisdiction which if committed in this state would constitute a felony, while the defendant is under probation supervision for a felony offense, shall result in revocation of probation upon imposition of an indeterminate or determinate sentence for the subsequent offense.
§ 4. Subdivision 1 of section 410.70 of the criminal procedure law, as amended by chapter 17 of the laws of 2014, is amended to read as follows:
1. In general. The court may not revoke a sentence of probation or a sentence of conditional discharge, or extend a period of probation, unless (a) the court has found that the defendant has violated a condition of the sentence or (b) the defendant while under probation supervision imposed upon conviction of a felony has been convicted of a subsequent felony, or is convicted of an offense in another jurisdiction which if committed in this state would constitute a felony, and [(b)] (c) the defendant has had an opportunity to be heard pursuant to this section. The defendant is entitled to a hearing in accordance with this section promptly after the court has filed a declaration of delinquency or has committed him or her or has fixed bail pursuant to this article.
§ 5. Subdivision 1 of section 410.90 of the criminal procedure law, as amended by chapter 238 of the laws of 1980, is amended to read as follows:
1. The court may at any time terminate either a period of probation, other than a period of lifetime probation, for conviction to a crime or a period of conditional discharge for an offense, except that conviction of a subsequent felony or conviction of an offense in another jurisdiction which if committed in this state would constitute a felony, which subsequent felony is committed while under his or her present probation supervision for a felony offense, shall result in revocation of probation upon imposition of an indeterminate or determinate sentence for the subsequent offense pursuant to subdivision four of section 60.01 of the penal law, and shall not result in the termination of probation.
§ 6. This act shall take effect on the ninetieth day after it shall have become a law.
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.