What's happening
This bill allows courts to transfer intermittent sentence commitments to a defendant's home county correctional facility with sheriff consent.
Why it matters
Reduces Disruption for Defendants. By allowing intermittent sentences to be served in a defendant’s home county, this change may minimize travel burdens and personal disruption, making it easier for individuals to maintain employment, family responsibilities, and community ties during their sentence.
Requires Coordination and Consent. The transfer is only possible with the approval of both the sentencing county sheriff and the home county sheriff, ensuring that receiving facilities are prepared and willing to manage these commitments, which could affect local correctional resources and administrative planning.
Sentencing Judge Retains Oversight. The original sentencing judge keeps jurisdiction over the case for any future legal matters, which helps maintain consistency and legal continuity, even if the sentence is served elsewhere.
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Who cares
Headline styles
Transfer Intermittent Sentences Locally
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
3070
2019-2020 Regular Sessions
IN SENATE
February 1, 2019
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.
LBD01703-01-9
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 defend- ant 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 inter- mittent sentence within his or her county of residence.
Prior legislative history
2013 - S.3488-A - PASSED SENATE 2014 - S.3488-A -- CODES 2015 -- S.4198 - CODES 2016 - S.4198 - PASSED SENATE 2017 - S.3887 - PASSED SENATE 2018 - S/3887 -- CODES
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.