senate Bill S3272

Requires a sentence and commitment or certificate of conviction to be delivered to persons in charge of the correctional facility or OCFS facility to which a defendant is committed

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / Feb / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 12 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Requires a sentence and commitment or certificate of conviction to be delivered to persons in charge of the correctional facility or office of children and family services facility to which a defendant is committed.

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Bill Details

See Assembly Version of this Bill:
A4658
Versions:
S3272
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§380.60 & 380.70, add §380.65, CP L; amd §601, Cor L
Versions Introduced in 2009-2010 Legislative Cycle:
S5517, A7951

Sponsor Memo

BILL NUMBER:S3272

TITLE OF BILL:

An act
to amend the criminal procedure law and the correction law, in relation
to the delivery of sentence and commitment documents

SUMMARY OF PROVISIONS:

Section 1 of the bill would make a technical correction to Criminal
Procedure Law § 380.60 to reflect the correct title of the commitment
document that accompanies an offender to a correctional institution.

Sections 2 and 4 of the bill would add a new Criminal Procedure Law .
380.65 and amend Correction Law §601(a) to clarify that the sentence
and commitment or certificate of conviction, as well as any order
of protection, must accompany an offender to a state or local
correctional institution or to an OCFS facility when he or she
commences service of a sentence of imprisonment.

Section 3 of the bill would make a technical amendment to Criminal
Procedure Law § 380.70 to clarify that it is only the sentencing
minutes, and not the certificate of conviction or order of
protection, that must be delivered to the institution where the
defendant is confined within 30 days after the imposition of sentence.

Section 5 of the bill sets forth the effective date:

EXISTING LAW:

Criminal Procedure Law § 380.60 now provides that in all cases other
than when a sentence of death is pronounced, a certificate of
conviction showing the sentence pronounced by the court, or a
certified copy thereof, constitutes the authority for execution of
sentence and serves as the order of commitment. Criminal Procedure
Law § 380.70 requires a court to deliver sentencing minutes to a
correctional facility 30 days after imposing a sentence of
imprisonment. It also requites a certificate of conviction and order
of protection to be delivered to the facility within 30 days from
the date sentence was imposed. However, Correction Law § 601 (a)
requires that whenever an inmate is
delivered to a state facility, the transporting officer must also
deliver a certified copy of the sentence, a certificate of conviction
and a copy of any order or temporary order of protection.

LEGISLATIVE HISTORY:

2009-10: S.5517.A.7951 - Referred to Senate Codes/Assembly Codes

STATEMENT IN SUPPORT:

This bill would correct and clarify inconsistent and ambiguous
provisions in the Criminal Procedure Law and the Correction Law
pertaining to the timing of the sentencing court's obligation to
provide state and local correctional facilities and OCFS facilities


with commitment documents, orders of protection and sentencing
minutes. It also would make technical corrections to the statutes to
reflect the proper name of the commitment documents that are used
today.

First, Criminal Procedure Law § 380.60 identifies a "certificate of
conviction" as the legal document that confers the authority for the
execution of sentence and serves as the order of commitment. In
actuality, the technical title of the commitment document is a
"sentence and commitment." As such, it is appropriate that this
section of law, as well as a comparable provision in Correction Law
§ 601(a), be amended to include the title of the document that is
routinely used.

Second, Criminal Procedure Law § 380.70 provides that in any case
where a person receives either a determinate or indeterminate
sentence of imprisonment, the sentencing minutes must be transcribed
and separately sent to the institution to which the defendant has
been delivered within 30 days of the pronouncement of sentence.

As part of the Sentencing Reform Act of 1995, the Legislature
determined that the commitment document that accompanies an offender
to his or her place of incarceration should contain greater
specificity with regard to the crime of commitment. Specifically, it
was determined that the commitment should also indicate, to the
extent applicable, the subdivision, paragraph and subparagraph of the
penal law or other statute under which the defendant was convicted.
However, when the Legislature adopted this new requirement in 1995,
the provision was mistakenly inserted into section 380.70, the same
section of law that deals with sentencing minutes. This creates the
misimpression that a commitment, like the sentencing minutes, may be
separately delivered to the facility, even though Correction Law
601(a) and Criminal Procedure Law § 380.60 make it clear that the
commitment document must accompany the defendant when he or she is
delivered to the institution to commence serving his or her sentence
of imprisonment.
This error was continued when the law was subsequently expanded to
require orders of protection to be delivered to the institution with
a defendant.

The new section of law that explicitly describes the documents that
must accompany a defendant when he or she is delivered to an
institution to commence serving
a sentence of imprisonment will clarify the confusion that is caused
by the existing, inconsistent statutory language. This will help to
ensure that state and local correctional facilities have the
necessary documentation when receiving offenders into their custody,
including documents providing such basic information as the term
of the inmate's sentence and whether multiple sentences run
consecutively or concurrently.

At the same time, maintaining a separate section of law requiring that
courts subsequently send the sentencing minutes to the facility
should help to clarify the courts' continuing obligations after a
defendant has been sentenced. These minutes assist DOCS and the
Division of Parole with programming and release decisions. They
provide additional background about the crime, any recommendations by


the judge and any statements by victims. By separating these
provisions, it will clarify that the sentence and commitment
documents are sent to the facility with the inmate, and that the
sentence minutes must be sent later, helping to ensure that these
critically important documents will become part of an inmate's
correctional file.

BUDGET IMPLICATIONS:

EFFECTIVE DATE:

This bill would take effect on September 1, 2011, with provisions.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3272

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law and the  correction  law,  in
  relation to the delivery of sentence and commitment documents

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 380.60 of the criminal procedure law is amended  to
read as follows:
S 380.60  Authority for the execution of sentence.
  Except where a sentence of death is pronounced, a SENTENCE AND COMMIT-
MENT OR certificate of conviction showing the sentence pronounced by the
court,  or  a  certified  copy  thereof,  constitutes  the authority for
execution of the sentence and serves as the order of commitment, and  no
other  warrant, order of commitment or authority is necessary to justify
or to require execution of the sentence.
  S 2. The criminal procedure law is amended by  adding  a  new  section
380.65 to read as follows:
S 380.65 SENTENCE  AND  COMMITMENT  AND ORDER OF PROTECTION TO ACCOMPANY
           DEFENDANT SENTENCED TO IMPRISONMENT.
  A SENTENCE AND COMMITMENT OR CERTIFICATE OF CONVICTION, SPECIFYING THE
SECTION, AND TO THE EXTENT APPLICABLE, THE  SUBDIVISION,  PARAGRAPH  AND
SUBPARAGRAPH OF THE PENAL LAW OR OTHER STATUTE UNDER WHICH THE DEFENDANT
WAS  CONVICTED, AND A COPY OF ANY ORDER OF PROTECTION OR TEMPORARY ORDER
OF PROTECTION ISSUED AGAINST THE DEFENDANT AT THE  TIME  OF  SENTENCING,
MUST  BE  DELIVERED TO THE PERSON IN CHARGE OF THE CORRECTIONAL FACILITY
OR OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY TO WHICH THE  DEFEND-
ANT  IS  COMMITTED  AT  THE  TIME  THE DEFENDANT IS DELIVERED THERETO. A
SENTENCE AND COMMITMENT OR CERTIFICATE OF CONVICTION IS NOT DEFECTIVE BY
REASON OF A FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07927-01-1

S. 3272                             2

  S 3. Section 380.70 of the  criminal  procedure  law,  as  amended  by
section  1  of  chapter  141  of the laws of 2008, is amended to read as
follows:
S 380.70 Minutes of sentence.
  In  any  case  where a person receives an indeterminate or determinate
sentence of imprisonment, a certified copy of the  stenographic  minutes
of  the  sentencing  proceeding, [a certificate of conviction specifying
the section and, to the extent applicable,  the  subdivision,  paragraph
and  subparagraph  of  the  penal  law  or other statute under which the
defendant was convicted and a copy of any order of protection or  tempo-
rary  order  of  protection  issued against the defendant at the time of
sentencing] must be delivered by the court to the person  in  charge  of
the  institution to which the defendant has been delivered within thirty
days from the date such sentence was imposed; provided, however, that  a
sentence or commitment is not defective by reason of a failure to comply
with the provisions of this section.
  S 4.  Subdivision (a) of section 601 of the correction law, as amended
by  section 9 of part D of chapter 56 of the laws of 2008, is amended to
read as follows:
  (a) Whenever an inmate shall be delivered to the superintendent  of  a
state  correctional facility pursuant to an indeterminate or determinate
sentence, the officer so delivering such inmate shall  deliver  to  such
superintendent,  [a  certified  copy  of  the sentence, a certificate of
conviction and a copy of any order of protection or temporary  order  of
protection  issued against the inmate at the time of sentencing pursuant
to section  380.70]  THE  SENTENCE  AND  COMMITMENT  OR  CERTIFICATE  OF
CONVICTION,  OR  A  CERTIFIED  COPY THEREOF, AND ANY ORDER OF PROTECTION
PURSUANT TO SECTION 380.65 of the criminal  procedure  law  received  by
such officer from the clerk of the court by which such inmate shall have
been sentenced, a copy of the report of the probation officer's investi-
gation and report or a detailed statement covering the facts relative to
the  crime  and  previous  history certified by the district attorney, a
copy of the inmate's fingerprint records, a detailed summary  of  avail-
able  medical  records,  psychiatric  records  and  reports  relating to
assaults, or other violent acts, attempts at suicide or  escape  by  the
inmate while in the custody of the local correctional facility; any such
medical  or  psychiatric  records  in  the  possession  of a health care
provider other than the local correctional facility shall be  summarized
in  detail  and  forwarded  by  such health care provider to the medical
director of the appropriate state correctional  facility  upon  request;
the  superintendent  shall  present to such officer a certificate of the
delivery of such inmate, and the fees of such officer  for  transporting
such  inmate  shall be paid from the treasury upon the audit and warrant
of the comptroller. Whenever an inmate of the state is  delivered  to  a
local  facility,  the  superintendent  shall  forward  summaries of such
records to the local facility with the inmate.
  S 5.  This act shall take effect September 1, 2011; provided, however,
that the amendments to section 380.70 of the criminal procedure law made
by section three of this act and the amendments to  subdivision  (a)  of
section 601 of the correction law made by section four of this act shall
not  affect  the  expiration  of  such provisions and shall be deemed to
expire therewith.

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