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A3097Assembly2019-2020 Session

Allow Probation for Short Sentences

Official title

“Provides where court imposes certain sentence for certain misdemeanors and felonies, the court may impose a sentence of probation or conditional discharge”

Sponsor J. Gary PretlowAD-89Affects Legal
Status
In Assembly Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill increases maximum jail time for class A misdemeanors and certain felonies when combined with probation or conditional discharge.

Why it matters

  1. Expands judicial flexibility. By increasing the maximum allowable jail time that can be combined with probation or conditional discharge, judges have more options to tailor sentences based on the circumstances of each case, especially for class A misdemeanors and certain felonies.

  2. Potential for longer initial incarceration. Defendants convicted of class A misdemeanors or felonies could face more time in jail up front before beginning probation or conditional discharge, possibly impacting plea negotiations and case outcomes.

  3. Impacts on rehabilitation and supervision. The extended period of incarceration, when paired with ongoing probation or conditional discharge, could influence the effectiveness of rehabilitation efforts and the overall supervision of offenders in the community.

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Who cares

  • Criminal court judges

    The bill would let judges combine probation or conditional discharge with imprisonment of up to 90 days for class A misdemeanors or nine months for felonies, while retaining the 60-day limit for class B misdemeanors.

  • People sentenced for class A misdemeanors or felonies

    They could receive probation or conditional discharge alongside longer jail terms, with imprisonment running concurrently as a condition of that sentence.

  • Probation departments

    The bill would expand the range of imprisonment terms that courts could pair with probation, while retaining the existing cap on the combined term.

Headline styles

Allow Probation for Short Sentences

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

Sponsors

Primary sponsor
J. Gary Pretlow

Assembly Member · Assembly District 89

Chair, Ways and Means

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3097

2019-2020 Regular Sessions

IN ASSEMBLY

January 28, 2019

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

AN ACT to amend the penal law, in relation to revocable sentences of probation or conditional discharge and imprisonment

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

Section 1. Paragraph (d) of subdivision 2 of section 60.01 of the penal law, as amended by chapter 65 of the laws of 1982, is amended to read as follows:

(d) In any case where the court imposes a sentence of imprisonment not in excess of sixty days[,] for a class B misdemeanor, or not in excess of ninety days for a class A misdemeanor, or not in excess of [six] nine months for a felony or in the case of a sentence of intermittent imprisonment not in excess of four months, it may also impose a sentence of probation or conditional discharge provided that the term of probation or conditional discharge together with the term of imprisonment shall not exceed the term of probation or conditional discharge authorized by article sixty-five of this chapter. The sentence of imprisonment shall be a condition of and run concurrently with the sentence of probation or conditional discharge.

§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law, and shall apply only to offenses committed on or after such date.

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

[ ] is old law to be omitted.

LBD04662-01-9

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.