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
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.
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.
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.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
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
No co-sponsors yet.
History
- Referred to codes
- 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.