senate Bill S7190A

Signed By Governor
2011-2012 Legislative Session

Authorizes the transfer of interim probation supervision

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2012 signed chap.347
Jul 20, 2012 delivered to governor
Jun 18, 2012 returned to senate
passed assembly
ordered to third reading rules cal.272
substituted for a10555
Jun 11, 2012 referred to codes
delivered to assembly
passed senate
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
amended 7190a
May 30, 2012 1st report cal.940
May 01, 2012 referred to codes

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S7190 - Bill Details

See Assembly Version of this Bill:
A10555
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§410.80 & 216.05, CP L

S7190 - Bill Texts

view 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.

view 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.

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                    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.

Co-Sponsors

S7190A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10555
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§410.80 & 216.05, CP L

S7190A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S7190A

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 subdivision (b) is
added to section 2 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 provide that the court may allow a defendant
participating in a judicial diversion program to reside in another
jurisdiction under conditions set by the court and agreed to by 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7190--A
    Cal. No. 940

                            I N  S E N A T E

                               May 1, 2012
                               ___________

Introduced  by  Sens.  RANZENHOFER,  GALLIVAN  -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  reported favorably from  said  committee,  ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place in the order of second report

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 at the  time
of sentencing OR AN INTERIM PROBATIONER AT THE TIME OF THE IMPOSITION OF
THE PERIOD OF INTERIM PROBATION SUPERVISION resides in another jurisdic-
tion  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15496-02-2

S. 7190--A                          2

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.
  (I)  In  transfers  involving  a defendant sentenced to probation upon
conviction of a felony, the RECEIVING  court  served  by  the  probation
department  to  which  supervision  is transferred shall be the superior
court within the jurisdiction of the probation department.
  (II) 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 jurisdiction 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.
  (B) WHERE  A  TRANSFER  IS  AUTHORIZED  FOR  A  DEFENDANT  ON  INTERIM
PROBATION  SUPERVISION  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE
SENTENCING COURT SHALL RETAIN JURISDICTION DURING THE PERIOD OF  INTERIM
PROBATION.    THE  PROBATION  DEPARTMENT IN THE RECEIVING   JURISDICTION
SHALL ASSUME ALL POWERS AND DUTIES OF THE ORIGINAL PROBATION  DEPARTMENT
IN THE JURISDICTION OF THE SENTENCING COURT.
  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.  During the period of a defendant's participation in  the  judicial
diversion program, the court shall retain jurisdiction of the defendant,
PROVIDED,  HOWEVER, THAT THE COURT MAY ALLOW SUCH DEFENDANT TO RESIDE IN
ANOTHER JURISDICTION WHILE PARTICIPATING IN A JUDICIAL DIVERSION PROGRAM
UNDER CONDITIONS SET BY THE COURT AND AGREED TO BY THE DEFENDANT  PURSU-
ANT TO SUBDIVISIONS FIVE AND SIX OF THIS SECTION.  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  treat-
ment.  The  court  shall  provide  notice,  reasonable under the circum-
stances, to the people, the treatment provider, the  defendant  and  the
defendant's counsel whenever it orders or otherwise requires the appear-
ance  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.
  S 3. This act shall take effect immediately.

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