What's happening
This bill allows courts to extend interim probation for defendants in any treatment program, not just substance abuse, in treatment courts.
Why it matters
Broadens eligibility for extended interim probation. The bill allows courts to extend interim probation for defendants participating in any type of treatment program, rather than only those in substance abuse programs, making more defendants eligible for this alternative to incarceration.
Supports a wider range of rehabilitation efforts. By changing the law to include any "treatment" court (not just "drug" courts), the bill recognizes and supports the importance of addressing mental health, behavioral, and other non-substance-related issues within the criminal justice system.
Potential for better long-term outcomes. Extending interim probation for participation in diverse treatment programs gives defendants more time to benefit from rehabilitation, which can reduce recidivism and promote successful reintegration into society.
Reflects evolving trends in justice reform. This change aligns with a broader movement toward individualized, treatment-focused approaches in the justice system, rather than relying solely on punitive measures.
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Who cares
Headline styles
Expand Treatment Court Options
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A7128
- Advanced to third reading
- 2nd report cal.
- 1st report cal.812
- 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
Signed by Governor · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5450
2019-2020 Regular Sessions
IN SENATE
May 1, 2019
Introduced by Sen. BAILEY -- 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 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
S. 5450 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.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to treatment programs and treatment court during interim probation supervision
Purpose
To extend the two-year exception for interim probation period to a defendant in any type of treatment program supervised by any treatment court.
Summary of specific provisions
Section 1 of the bill amends section 390.30(6) (a) of the Criminal Procedure Law to create a two-year interim probation period for any treatment program supervised by any treatment court.
Section 2 provides the effective date.
Existing law
See CPL 390.30.
Justification
Under the Criminal Procedure Law, interim probation is permitted during the pre-sentence period. Criminal Procedure Law article 390 authorizes an interim probation period between the date of the plea and the date of sentencing for a one-year time period, but the statute explicitly creates an exception of a two-year period only in cases where the defendant is in a substance abuse treatment program that is supervised by a drug court.
This bill seeks to expand the interim probation exception so that any treatment program supervised by any treatment court can have up to two years of interim probation. For example, under current law, a mental health treatment program supervised by a Mental Health Court or a veter- an's treatment program supervised by a Veterans' Court can only be part of the interim probation for one year. Under this bill, however, the interim probation period could last for two years. It would benefit a participant in a mental health treatment program to have an additional year of interim probation because there would be a continuation of resources, which would be more stable for the participant and more effi- cient in terms of delivery of services. Veterans treatment tracks often assist veterans in getting treatment for substance abuse and PTSD, and provides support services tackling unemployment, homelessness, and re-adjustment to civilian life. In addition, peer mentors are offered, and volunteer veterans help their fellow veterans to stay on track with their program. If a participant would require additional time for treatment, the participant could no longer be prevented from receiving such treatment under an interim probation program.
Westchester's new hub court system provides non-violent offenders and military veterans throughout the county the opportunity to receive the help they need and to avoid a criminal record, which would prevent them from moving forward with their lives. This program has been successful in the larger cities in the county, reducing incarceration and recidiv- ism rates. The interim probation provisions set out in the Criminal Procedure Law could provide additional help to these courts, which as hub courts, have jurisdiction to help many people who have specific, specialized needs.
The New York Legislature should pass the bill because it would serve as another tool in the law enforcement toolbox that allows a defendant the opportunity to undergo a necessary treatment program for additional time if needed. By extending the time of interim probation to two years, treatment courts will have more flexibility to meet the needs of the defendants before them and to more efficiently treat their complicated issues.
Fiscal impact on the state
None.
Prior legislative history
New bill.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.