senate Bill S6677

2011-2012 Legislative Session

Relates to permissible conditions the court may impose in connection with an adjournment in contemplation of dismissal

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 08, 2012 referred to codes
delivered to assembly
passed senate
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.649
Mar 08, 2012 referred to codes

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S6677 - Bill Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง170.55, CP L

S6677 - Bill Texts

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Relates to permissible conditions the court may impose in connection with an adjournment in contemplation of dismissal; authorizes the court to order a defendant to participate in an educational program, treatment program or other program related to defendant's rehabilitation or to order a defendant to pay restitution.

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BILL NUMBER:S6677

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to permissible
conditions the court may impose in connection with an adjournment in
contemplation of dismissal

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her
Advisory Committee on Criminal Law and Procedure.

This measure would amend section 170.55 of the Criminal Procedure Law
to provide courts with greater flexibility to set appropriate
conditions when granting an adjournment in contemplation of dismissal.

Currently, when granting an adjournment in contemplation of dismissal,
a court may impose conditions in only a few limited circumstances.
For instance, it may impose conditions as part of a temporary order of
protection (CPL 170.55 (3)), and in connection with a family offense
involving domestic violence, the court may require that a defendant
participate in an educational program addressing the issues of
spousal abuse and family violence (CPL 170.55(4)). For non-family
offenses, the court may require a defendant to participate in dispute
resolution (CPL 170.55(5)), perform certain types of community
service (CPL 170.55(6)) or attend an alcohol awareness program if the
defendant is under the age of twenty-one (CPL 170.55(7)).
Unfortunately, for cases that do not fall within one of these
enumerated circumstances, or for defendants who are not good
candidates for the specific programs set forth in the statute, the
court is powerless to craft more appropriate conditions.

We believe it desirable to provide the court and the parties greater
leeway to fashion appropriate conditions when granting an adjournment
in contemplation of dismissal. This measure will give defendants a
better chance of earning a complete dismissal and sealing of the
charges, while at the same time promoting public safety and a reduced
risk of re-offense. Programs addressing issues of substance abuse,
HIV and AIDS awareness, or shoplifting are often used in connection
with sentences of probation or conditional discharge, and it is
appropriate to use such programs in the context of an adjournment in
contemplation of dismissal. We see little benefit in restricting
anger management or violence prevention programs to family offenses
when they may be equally or more appropriate in non-family offenses.
Similarly, alcohol awareness and treatment programs may be as
appropriate for defendants who are over twenty-one as those who are
underage. This measure would allow courts, with the consent of the
parties, to order a defendant to participate in an educational
program, treatment program or other program reasonably related to the
defendant's rehabilitation. The measure expressly provides that any
condition may not be imposed in excess of
the length of the adjournment (CPL 170.55(2)).

The measure further provides that a court may order a defendant to pay
restitution of the fruits of his or her offense or make reparation of
the actual out-of-pocket loss caused by the offense. As a practical


matter, prosecutors often condition an adjournment in contemplation
of dismissal on restitution or reparation, yet under current law this
must be done outside the parameters of CPL 170.55. Thus, the parties
are required to adjourn the matter, often multiple times, until the
restitution or reparation is paid. Only then is the court permitted
to grant an adjournment in contemplation of dismissal. This
inefficient process forces cases to be repeatedly calendared and
defendants to return to court until payment is made. Recognizing that
some defendants may be unable to afford full restitution or
reparation, the measure specifically provides that the court may only
order a defendant to pay restitution or reparation in an amount he or
she can afford to pay.

This measure, which would have no meaningful fiscal impact on the
State, would take effect immediately, and apply to all offenses
committed on or after"such effective date.

LEGISLATIVE HISTORY:
None. New proposal.

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

                                  6677

                            I N  S E N A T E

                              March 8, 2012
                               ___________

Introduced by Sen. SALAND -- (at request of the Office of Court Adminis-
  tration)  --  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  permissible
  conditions  the  court may impose in connection with an adjournment in
  contemplation of dismissal

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

  Section  1.  Subdivisions  8  and  9 of section 170.55 of the criminal
procedure law, subdivision 8 as renumbered by chapter 683 of the laws of
1990, are renumbered subdivisions 10 and 11 and two new  subdivisions  8
and 9 are added to read as follows:
  8. THE COURT MAY, AS A CONDITION OF AN ADJOURNMENT IN CONTEMPLATION OF
DISMISSAL,  ORDER  A DEFENDANT TO PARTICIPATE IN AN EDUCATIONAL PROGRAM,
TREATMENT PROGRAM OR OTHER PROGRAM REASONABLY RELATED TO THE DEFENDANT'S
REHABILITATION. THE COURT MAY NOT IMPOSE SUCH CONDITIONS  IN  EXCESS  OF
THE LENGTH OF THE ADJOURNMENT IN CONTEMPLATION OF DISMISSAL.
  9. THE COURT MAY, AS A CONDITION OF AN ADJOURNMENT IN CONTEMPLATION OF
DISMISSAL,  ORDER A DEFENDANT TO PAY RESTITUTION OF THE FRUITS OF HIS OR
HER OFFENSE OR MAKE REPARATION, IN AN AMOUNT HE OR  SHE  CAN  AFFORD  TO
PAY, OF THE ACTUAL OUT-OF-POCKET LOSS CAUSED BY THE OFFENSE.
  S  2.  This  act  shall take effect immediately and shall apply to all
offenses committed on or after such effective date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14174-01-2

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