What's happening
This bill changes the start date for the one-year limit on interim probation supervision to when the defendant is placed on supervision, not when conviction is entered.
Why it matters
Clarifies when the one-year interim probation period starts. By tying the start date to when the defendant is actually placed on interim probation supervision (not when the conviction is entered), the bill ensures that defendants receive the full intended period of supervision and services, not a shortened term due to procedural delays.
May impact defendants awaiting sentencing. Defendants will benefit from more predictable and consistent probation terms, as the timing will now reliably reflect their actual supervision period rather than being affected by administrative or court scheduling issues.
Potentially affects compliance, rehabilitation, and case outcomes. Since conditions of supervision and opportunities for treatment or rehabilitation begin when the defendant is placed on probation, this change could lead to better tracking of compliance and improved outcomes for individuals participating in programs (like substance abuse treatment) during their interim supervision.
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Who cares
Headline styles
Adjust Interim Probation Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 42
No co-sponsors yet.
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.
Clarify Interim Probation Timing
In Assembly Committee · Codes · Sponsor Brian D. Miller
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2048
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed 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
S. 2048 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.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to interim probation supervision
Purpose
To have the time period that a court is limited to adjourn sentencing and place a defendant on interim probation supervision be one year from the date the defendant is actually placed on interim probation supervision instead of the date the conviction is entered.
Summary of specific provisions
Section 1:Amends paragraph (a) of subdivision 6 of section 390.30 of the Criminal Procedure Law to provide that when a court adjourns sentencing and places a defendant on interim probation supervision, the time that the court is limited to adjourn sentencing is one year from the date the defendant is actually placed on interim probation supervision, not the date the conviction is entered.
Section 2: Effective date.
Justification
Often when a defendant is to be placed on interim probation supervision, this does not take place on the same day their conviction is entered. In local justice courts these dates may be weeks or even months apart due to weather related or other rescheduling. This time difference significantly affects the ability of the courts to effectively utilize the interim probation supervision process. To adjust for this issue, this legislation changes the one year time limit for interim probation supervision to run from the date the defendant is actually placed on interim probation supervision instead of the date the conviction is entered.
Legislative history
2015-16: S1598 Died in Senate Codes Committee 2013-14: S4794 Died in Senate Codes Committee
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.