senate Bill S3488A

Relates to commitment for intermittent sentences

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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

  • 04 / Feb / 2013
    • REFERRED TO CODES
  • 04 / Jun / 2013
    • AMEND AND RECOMMIT TO CODES
  • 04 / Jun / 2013
    • PRINT NUMBER 3488A
  • 20 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1479
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Relates to commitment for intermittent sentences; authorizes commitment in the county where the defendant resides with the consent of the sheriffs of the sentencing court and county of residence of the defendant.

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Bill Details

Versions:
S3488
S3488A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง430.20, CP L

Sponsor Memo

BILL NUMBER:S3488A

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 defendant 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 intermittent sentence
within his or her county of residence.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it shall have become law.

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

                                 3488--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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  ASSEM-
BLY, 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.  NOTWITHSTAND-
ING 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
DEPARTMENT OF CORRECTION 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 JURISDIC-
TION FOR ADDITIONAL MATTERS PERTAINING TO THE CASE.
  S 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.
                                                           LBD03722-02-3

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