What's happening
The bill allows courts to extend interim probation for defendants participating in any treatment court program, not just drug court.
Why it matters
Expands eligibility for extended interim probation. beyond just drug court participants, allowing those in any type of treatment court (such as mental health or veterans’ treatment courts) to benefit from additional time on probation if they are actively engaged in a court-approved treatment program.
Supports individualized rehabilitation. by giving judges more flexibility to keep defendants in structured, supportive settings tailored to their specific treatment needs, potentially improving long-term outcomes and reducing recidivism.
Addresses gaps in the current law. by recognizing that substance abuse is not the only issue addressed by treatment courts, thus reflecting a broader, modern understanding of the underlying causes of criminal behavior and the range of therapeutic interventions available.
May impact sentencing and resource allocation. by potentially increasing the number of defendants eligible for extended supervision and services, which could affect probation departments, court schedules, and treatment providers.
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
Headline styles
Expand Treatment Court Options
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.279
- Delivered to governor
- Returned to assembly
- Passed senateVote 62–0
- 3rd reading cal.812
- Substituted for S5450
- Referred to rules
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.541
- Reported
- Reported referred to ways and means
Show 1 earlier action
- 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.
Expand Treatment Court Options
Senate Floor Calendar · Sponsor Jamaal Bailey
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7128
2019-2020 Regular Sessions
IN ASSEMBLY
April 10, 2019
Introduced by M. of A. PAULIN -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to treatment programs and treatment court during 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, 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] treatment 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 updated presentence report, prepared pursuant to this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11010-01-9
A. 7128 2
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 on the sixtieth 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.