Senate Bill S2643

                                 BILL NUMBER:  S2643

 TITLE OF BILL :
An act to amend the penal law, in relation to sentences of
imprisonment for certain class C felony offenses


 PURPOSE :
This bill would correct a discrepancy in Penal Law by adding a diverse
group of non-violent class C felonies to the list of felony offenses
that are eligible for an "alternative" definite sentence of
imprisonment of one year or less under that subdivision.

 SUMMARY OF PROVISIONS :
Section 1 amends subdivisions four of Penal Law section 70.00 to add a
diverse group of non-violent class C felonies for which an
"alternative" definite sentence of imprisonment of one year or less
may be imposed.

Section 2 contains the effective date.

 JUSTIFICATION :
Penal Law section 70.00(1) sets forth the general rule that a sentence
of imprisonment for a non-violent felony offense (other than a drug,
marihuana or sex offense) must be an indeterminate sentence to State
prison. Subdivision four of that section establishes an exception to
              

this rule by allowing for the imposition of a definite (i.e., local
jail) sentence of imprisonment for persons, other than second or
persistent felony offenders, convicted of a class D or E felony
offense. That subdivision provides, in pertinent part, as follows:

When a person, other than a second or persistent felony offender, is
sentenced for a class D or class E felony, and the court, having
regard to the nature and circumstances of the crime and to the history
and character of the defendant, is of the opinion that a sentence of
imprisonment is necessary but that it would be unduly harsh to impose
an indeterminate or determinate sentence, the court may impose a
definite sentence of imprisonment and fix a term of one year or less.

Penal Law section 70.00(4).

For certain class C non-violent felony offenses enumerated in
subdivision four of Penal Law section 60.05(4), imprisonment is
mandatory, and can only be satisfied by the imposition of an
indeterminate State prison sentence. See, PL sections 60.05(4) and
70.00(1). For those non-violent class C felony offenses that are not
enumerated in section 60.05(4), however, a sentence of imprisonment is
not required. The list of non-violent class C felony offenses for
which a sentence of imprisonment is not required includes crimes such
as Manslaughter in the Second Degree, Vehicular Manslaughter in the
First Degree, Trademark Counterfeiting in the First Degree, Soliciting
or Providing Support for an Act of Terrorism in the First Degree,
Money Laundering in the Second Degree, Criminal Facilitation in the
Second Degree, Criminal Possession of Stolen Property in the Second
Degree, Bribery in the Second Degree, Computer Tampering in the First
Degree, Forgery in the First Degree, Welfare Fraud in the Second
Degree and Criminal Possession of a Public Benefit Card. For these
crimes, a sentence of straight probation, a conditional discharge or
even a fine is permitted. See, PL sections 60.01(2) and (3),
65.00(1)(a) and 65.05(1)(a). Where, however, the court chooses to
impose imprisonment rather than, for example, probation or a
conditional discharge, the sentence of imprisonment must be an
indeterminate State prison sentence PL section 70.00(1).

This discrepancy in the available range of sentences for this
relatively large group of class C non-violent felonies makes no sense.
If, as is currently the case, a defendant convicted of one of these
offenses may be sentenced to an indeterminate sentence of
imprisonment, or to probation, a conditional discharge or a fine, he
or she should also be eligible for a sentence that would seem to fall
"in between" these two extremes (i.e., a definite sentence to local
jailor a "split" sentence of local jail followed by probation). This
treasure would amend subdivision four of Penal Law section 70.00 to
correct this discrepancy by adding this diverse group of non-violent
class C felonies to the list of felony offenses that are eligible for
an "alternative" definite sentence of imprisonment of one year or less
under that subdivision.

 LEGISLATIVE HISTORY :
New Legislation.

 FISCAL IMPLICATIONS :
There will be savings to the state based on reduced incarceration
costs.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.