What's happening
This bill allows courts to transfer intermittent sentence commitments to the defendant's home county jail with sheriff consent.
Why it matters
Reduces travel and disruption for defendants. Allowing intermittent sentences to be served in a defendant’s home county jail means less travel and logistical hardship, which can help maintain employment or family obligations during their sentence.
Requires cooperation between counties. The transfer is only possible with the agreement of sheriffs from both the sentencing county and the defendant’s home county, ensuring both jurisdictions have control over their resources and populations.
Maintains judicial oversight. Even after transfer, the original sentencing judge keeps authority over any future legal matters in the case, preserving continuity and accountability in the judicial process.
Potentially eases jail overcrowding in sentencing counties. By allowing transfers, counties that issue the sentence may reduce strain on their own facilities, distributing the population more evenly across the state.
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Who cares
Headline styles
Transfer Jail Sentences Locally
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 61
No co-sponsors yet.
History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 63–0
- Ordered to third reading cal.1453
- Committee discharged and committed to rules
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3887
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
Introduced by Sen. RANZENHOFER -- 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 commitment for intermittent sentences
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 430.20 of the criminal procedure law is amended by adding a new subdivision 3-a to read as follows:
3-a. Transfer of commitment for intermittent sentences. Notwithstanding subdivision three of this section, where the defendant at the time of intermittent sentencing resides in another jurisdiction within the state, the sentencing court may transfer commitment to the county correctional facility where the defendant resides with the consent of the sheriffs of the county of the sentencing court and the county of the residence of the defendant. The sentencing judge shall retain jurisdiction for additional matters pertaining to the case.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07969-01-7
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 commitment for intermittent sentences
Summary of provisions
Section 1 amends Section 430.20 of the Criminal Procedure Law by adding a new subdivision 3-a which provides that where a defendant who receives an intermittent sentence resides in another jurisdiction within New York State, the sentencing court may transfer commitment to the county department of correction where the defendant resides. The sentencing court shall retain jurisdiction for any additional matters pertaining to the case.
Section 2 provides that this act shall take effect on the sixtieth day after it shall have become law.
Purpose and justification
Currently, when a defendant is given an intermittent sentence, such as a sentence of incarceration over a series of weekends, this sentence must be served within the jurisdiction of the court. If the defendant resides in another county, which may be a great distance away, the travel requirements to and from jail can be difficult and increase the chances, whether because of inclement weather or travel delays, that the defendant will be late or otherwise violate the terms of his or her sentence. This bill would give the sentencing court the option, if the judge believes it would be appropriate, to have the defendant serve the intermittent sentence within his or her county of residence.
Prior legislative history
2013-14 - S.3488-A - CODES 2015-16 - S.4198 - PASSED SENATE
Fiscal implications
None
Effective date
This act shall take effect on the sixtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.