S T A T E O F N E W Y O R K
________________________________________________________________________
5542
2011-2012 Regular Sessions
I N S E N A T E
June 1, 2011
___________
Introduced by Sens. SALAND, ADAMS -- (at request of the Department of
Corrections and Community Supervision) -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law and the correction law, in
relation to the delivery of sentence and commitment documents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 380.60 of the criminal procedure law is amended to
read as follows:
S 380.60 Authority for the execution of sentence.
Except where a sentence of death is pronounced, a SENTENCE AND COMMIT-
MENT OR certificate of conviction showing the sentence pronounced by the
court, or a certified copy thereof, constitutes the authority for
execution of the sentence and serves as the order of commitment, and no
other warrant, order of commitment or authority is necessary to justify
or to require execution of the sentence.
S 2. The criminal procedure law is amended by adding a new section
380.65 to read as follows:
S 380.65 SENTENCE AND COMMITMENT AND ORDER OF PROTECTION TO ACCOMPANY
DEFENDANT SENTENCED TO IMPRISONMENT.
A SENTENCE AND COMMITMENT OR CERTIFICATE OF CONVICTION, SPECIFYING THE
SECTION, AND TO THE EXTENT APPLICABLE, THE SUBDIVISION, PARAGRAPH AND
SUBPARAGRAPH OF THE PENAL LAW OR OTHER STATUTE UNDER WHICH THE DEFENDANT
WAS CONVICTED, OR A CERTIFIED COPY THEREOF, AND A COPY OF ANY ORDER OF
PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED AGAINST THE DEFENDANT
AT THE TIME OF SENTENCING, MUST BE DELIVERED TO THE PERSON IN CHARGE OF
THE CORRECTIONAL FACILITY OR OFFICE OF CHILDREN AND FAMILY SERVICES
FACILITY TO WHICH THE DEFENDANT IS COMMITTED AT THE TIME THE DEFENDANT
IS DELIVERED THERETO. A SENTENCE AND COMMITMENT OR CERTIFICATE OF
CONVICTION IS NOT DEFECTIVE BY REASON OF A FAILURE TO COMPLY WITH THE
PROVISIONS OF THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09456-03-1
S. 5542 2
S 3. Section 380.70 of the criminal procedure law, as amended by
section 1 of chapter 141 of the laws of 2008, is amended to read as
follows:
S 380.70 Minutes of sentence.
In any case where a person receives an indeterminate or determinate
sentence of imprisonment, a certified copy of the stenographic minutes
of the sentencing proceeding[, a certificate of conviction specifying
the section and, to the extent applicable, the subdivision, paragraph
and subparagraph of the penal law or other statute under which the
defendant was convicted and a copy of any order of protection or tempo-
rary order of protection issued against the defendant at the time of
sentencing] must be delivered by the court to the person in charge of
the institution to which the defendant has been delivered within thirty
days from the date such sentence was imposed[; provided, however, that a
sentence or commitment is not defective by reason of a failure to comply
with the provisions of this section].
S 4. Section 380.70 of the criminal procedure law, as amended by
section 1-a of chapter 141 of the laws of 2008, is amended to read as
follows:
S 380.70 Minutes of sentence.
In any case where a person receives an indeterminate sentence of
imprisonment or a reformatory or alternative local reformatory sentence
of imprisonment, a certified copy of the stenographic minutes of the
sentencing proceeding [and a copy of any order of protection or tempo-
rary order of protection issued against the defendant at the time of
sentencing] must be delivered by the court to the person in charge of
the institution to which the defendant has been delivered within thirty
days from the date such sentence was imposed[; provided, however, that a
sentence or commitment is not defective by reason of a failure to comply
with the provisions of this section].
S 5. Subdivision (a) of section 601 of the correction law, as amended
by section 9 of part D of chapter 56 of the laws of 2008, is amended to
read as follows:
(a) Whenever an inmate shall be delivered to the superintendent of a
state correctional facility pursuant to an indeterminate or determinate
sentence, the officer so delivering such inmate shall deliver to such
superintendent, [a certified copy of the sentence, a certificate of
conviction and a copy of any order of protection or temporary order of
protection issued against the inmate at the time of sentencing pursuant
to section 380.70] THE SENTENCE AND COMMITMENT OR CERTIFICATE OF
CONVICTION, OR A CERTIFIED COPY THEREOF, AND A COPY OF ANY ORDER OF
PROTECTION PURSUANT TO SECTION 380.65 of the criminal procedure law
received by such officer from the clerk of the court by which such
inmate shall have been sentenced, a copy of the report of the probation
officer's investigation and report or a detailed statement covering the
facts relative to the crime and previous history certified by the
district attorney, a copy of the inmate's fingerprint records, a
detailed summary of available medical records, psychiatric records and
reports relating to assaults, or other violent acts, attempts at suicide
or escape by the inmate while in the custody of the local correctional
facility; any such medical or psychiatric records in the possession of a
health care provider other than the local correctional facility shall be
summarized in detail and forwarded by such health care provider to the
medical director of the appropriate state correctional facility upon
request; the superintendent shall present to such officer a certificate
of the delivery of such inmate, and the fees of such officer for trans-
S. 5542 3
porting such inmate shall be paid from the treasury upon the audit and
warrant of the comptroller. Whenever an inmate of the state is delivered
to a local facility, the superintendent shall forward summaries of such
records to the local facility with the inmate.
S 6. Subdivision (a) of section 601 of the correction law, as amended
by section 10 of part D of chapter 56 of the laws of 2008, is amended to
read as follows:
(a) Whenever an inmate shall be delivered to the superintendent of a
state correctional facility pursuant to an indeterminate or determinate
sentence, the officer so delivering such inmate shall deliver to such
superintendent, [a certified copy of the sentence] THE SENTENCE AND
COMMITMENT OR CERTIFICATE OF CONVICTION, OR A CERTIFIED COPY THEREOF,
AND A COPY OF ANY ORDER OF PROTECTION PURSUANT TO SECTION 380.65
received by such officer from the clerk of the court by which such
inmate shall have been sentenced, [a copy of any order of protection or
temporary order of protection issued against the inmate at the time of
sentencing,] a copy of the report of the probation officer's investi-
gation and report or a detailed statement covering the facts relative to
the crime and previous history certified by the district attorney, a
copy of the inmate's fingerprint records, a detailed summary of avail-
able medical records, psychiatric records and reports relating to
assaults, or other violent acts, attempts at suicide or escape by the
inmate while in the custody of the local correctional facility; any such
medical or psychiatric records in the possession of a health care
provider other than the local correctional facility shall be summarized
in detail and forwarded by such health care provider to the medical
director of the appropriate state correctional facility upon request;
the superintendent shall present to such officer a certificate of the
delivery of such inmate, and the fees of such officer for transporting
such inmate shall be paid from the treasury upon the audit and warrant
of the comptroller. Whenever an inmate of the state is delivered to a
local facility, the superintendent shall forward summaries of such
records to the local facility with the inmate.
S 7. This act shall take effect September 1, 2011; provided that the
amendments to section 380.70 of the criminal procedure law made by
section three of this act shall be subject to the expiration and rever-
sion of such section pursuant to section 74 of chapter 3 of the laws of
1995, as amended, when upon such date the provisions of section four of
this act shall take effect; provided, further, that the amendments to
subdivision (a) of section 601 of the correction law made by section
five of this act shall be subject to the expiration and reversion of
such subdivision pursuant to section 74 of chapter 3 of the laws of
1995, as amended, when upon such date the provisions of section six of
this act shall take effect.