senate Bill S7190

Signed by Governor Amended

Authorizes the transfer of interim probation supervision

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Bill Status


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

  • 01 / May / 2012
    • REFERRED TO CODES
  • 30 / May / 2012
    • 1ST REPORT CAL.940
  • 31 / May / 2012
    • AMENDED 7190A
  • 31 / May / 2012
    • 2ND REPORT CAL.
  • 04 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2012
    • PASSED SENATE
  • 11 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2012
    • REFERRED TO CODES
  • 18 / Jun / 2012
    • SUBSTITUTED FOR A10555
  • 18 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.272
  • 18 / Jun / 2012
    • PASSED ASSEMBLY
  • 18 / Jun / 2012
    • RETURNED TO SENATE
  • 20 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 01 / Aug / 2012
    • SIGNED CHAP.347

Summary

Authorizes the transfer of interim probation supervision where the defendant moves to or lives in another county; provides that sentencing court retains jurisdiction; applies to judicial diversion.

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Bill Details

Versions:
S7190
S7190A
Legislative Cycle:
2011-2012
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง410.80 & 216.05, CP L

Votes

15
0
15
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S7190

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to authorizing
the transfer of interim probation supervision

SUMMARY OF PROVISIONS:
This bill would allow courts
to issue interim
probation to persons who do not reside within the county in which the
court is located.

Section 1 - amends subdivisions 1 and 2 of section 410.80 of the
Criminal Procedure Law to permit the authority to transfer
supervision of interim probation to the probation department of
another jurisdiction within New York State. A new section (c) is added
to subdivision 1 to provide that where the transfer is authorized for
interim probation supervision, the sentencing court shall retain
jurisdiction during the period of interim probation.

Section 2 - amends subdivision 8 of section 216.05 of the Criminal
Procedure Law to add a new section (b) which provides that where the
defendant resides in another jurisdiction within the state during his
or her participation in the judicial diversion program, the
sentencing court shall transfer supervision to the appropriate
probation department in such jurisdiction. Where, after the start of
the judicial diversion program, the defendant desires to reside in
another jurisdiction within the state that is not served by the court
authorizing the judicial diversion program, such court, in its
discretion, may approve a change in residency and, upon approval,
shall transfer supervision to the appropriate probation department
serving the county of the defendant's proposed new residence. Any
transfer under this subdivision must be in accordance with rules
adopted by the Commissioner of the Division of Criminal Justice
Services. Finally the section provides that the court shall retain
jurisdiction of the defendant.

Section 3 - provides that this act shall take effect immediately.

PURPOSE AND JUSTIFICATION:
Many local courts, with the consent of the
district attorney, offer interim probation, often in connection with
a substance treatment program.
Unfortunately, while courts can offer interim probation and drug
treatment diversion programs for residents of the county in which the
court is located, they are currently unable to offer the same
disposition to defendants who reside in other counties. Interim
probation, which requires
defendants to meet certain requirements, often including drug
treatment diversion programs, in connection with allowing a reduced
plea upon successful completion of the interim probation, can be a
valuable educational and treatment tool. This bill will allow courts
to offer defendants, when appropriate, the same plea options without
regard to whether they reside in the same county as the court.


EXISTING LAW:
Criminal Procedure Law section 410.80 relates to the
transfer supervision of regular probation. Criminal Procedure Law
section 216.05 relates to judicial diversion programs.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  7190

                            I N  S E N A T E

                               May 1, 2012
                               ___________

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  authorizing
  the transfer of interim probation supervision

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

  Section 1. Subdivisions 1 and 2 of  section  410.80  of  the  criminal
procedure law, subdivision 1 as amended by section 51 of part A of chap-
ter  56  of the laws of 2010 and subdivision 2 as amended by chapter 191
of the laws of 2007, are amended to read as follows:
  1. Authority to transfer supervision. Where a probationer  OR  INTERIM
PROBATIONER  at  the  time of sentencing resides in another jurisdiction
within the state, the sentencing court shall transfer supervision to the
appropriate probation department  in  such  other  jurisdiction.  Where,
after   a   probation  sentence  OR  INTERIM  PROBATION  SUPERVISION  is
pronounced, a probationer OR INTERIM PROBATIONER desires  to  reside  in
another jurisdiction within the state that is not served by the sentenc-
ing  court, such court, in its discretion, may approve a change in resi-
dency and, upon approval, shall transfer supervision to the  appropriate
probation  department  serving  the county of the probationer's proposed
new residence. Any transfer under this subdivision must be in accordance
with rules adopted by the  commissioner  of  the  division  of  criminal
justice services.
  2. Transfer of powers. (A) Upon completion of transfer OF PROBATION as
authorized  pursuant to subdivision one, the probation department in the
receiving jurisdiction  shall  assume  all  powers  and  duties  of  the
probation  department  in the jurisdiction of the sentencing court. Upon
completion of transfer, the appropriate court within the jurisdiction of
the receiving probation department shall assume all powers and duties of
the sentencing court and  shall  have  sole  jurisdiction  in  the  case
including jurisdiction over matters specified in article twenty-three of
the  correction  law.  Further,  the  sentencing court shall immediately
forward its entire case record to the receiving court.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15496-01-2

S. 7190                             2

  (B) In transfers involving a defendant  sentenced  to  probation  upon
conviction  of a felony, the court served by the probation department to
which supervision is transferred shall be the superior court within  the
jurisdiction  of  the  probation  department.  In  transfers involving a
defendant  sentenced  to probation upon conviction of a misdemeanor, the
receiving court served by the probation department to which  supervision
is transferred shall be the appropriate criminal court within the juris-
diction  of  the  probation department. The sending probation department
shall consult with the probation department to which supervision will be
transferred to determine the appropriate criminal court to  receive  the
case.
  (C)  WHERE  THE  TRANSFER  IS  AUTHORIZED FOR INTERIM PROBATION SUPER-
VISION, PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION,  THE  SENTENCING
COURT  SHALL  RETAIN JURISDICTION DURING THE PERIOD OF INTERIM PROBATION
OF SUCH PROBATIONER.
  S 2. Subdivision 8 of section 216.05 of the criminal procedure law, as
added by section 4 of part AAA of chapter 56 of the  laws  of  2009,  is
amended to read as follows:
  8.  (A)  During the period of a defendant's participation in the judi-
cial diversion program, the  court  shall  retain  jurisdiction  of  the
defendant.    The  court may require the defendant to appear in court at
any time to enable the court to  monitor  the  defendant's  progress  in
alcohol  or  substance  abuse treatment. The court shall provide notice,
reasonable under the circumstances, to the people, the treatment provid-
er, the defendant and the defendant's  counsel  whenever  it  orders  or
otherwise  requires the appearance of the defendant in court. Failure to
appear as required without reasonable cause therefor shall constitute  a
violation of the conditions of the court's agreement with the defendant.
  (B)  WHERE  THE  DEFENDANT  RESIDES IN ANOTHER JURISDICTION WITHIN THE
STATE DURING HIS OR HER PARTICIPATION IN THE JUDICIAL DIVERSION PROGRAM,
THE SENTENCING COURT  SHALL  TRANSFER  SUPERVISION  TO  THE  APPROPRIATE
PROBATION  DEPARTMENT IN SUCH OTHER JURISDICTION. WHERE, AFTER THE START
OF THE JUDICIAL DIVERSION PROGRAM, THE DEFENDANT DESIRES  TO  RESIDE  IN
ANOTHER  JURISDICTION  WITHIN  THE STATE THAT IS NOT SERVED BY THE COURT
AUTHORIZING  THE  JUDICIAL  DIVERSION  PROGRAM,  SUCH  COURT,   IN   ITS
DISCRETION,  MAY APPROVE A CHANGE IN RESIDENCY AND, UPON APPROVAL, SHALL
TRANSFER SUPERVISION TO THE APPROPRIATE PROBATION DEPARTMENT SERVING THE
COUNTY OF THE DEFENDANT'S PROPOSED NEW  RESIDENCE.  ANY  TRANSFER  UNDER
THIS SUBDIVISION MUST BE IN ACCORDANCE WITH RULES ADOPTED BY THE COMMIS-
SIONER  OF  THE DIVISION OF CRIMINAL JUSTICE SERVICES. AS ESTABLISHED IN
PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL  RETAIN  JURISDICTION
OF THE DEFENDANT.
  S 3. This act shall take effect immediately.

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