senate Bill S2100

2013-2014 Legislative Session

Relates to establishing terms of probation sentences

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 10, 2013 referred to codes

S2100 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §65.00, Pen L; amd §410.70, CP L
Versions Introduced in 2011-2012 Legislative Session:
S6880

S2100 - Bill Texts

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Relates to establishing terms of probation sentences.

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BILL NUMBER:S2100

TITLE OF BILL: An act to amend the penal law and the criminal
procedure law, in relation to establishing terms of probation
sentences and revocations thereof under certain circumstances

PURPOSE: The purpose of this bill is to improve public safety by
giving judges discretion in setting probation sentences and penalties
for violations of probation.

SUMMARY OF PROVISIONS: The bill would amend PL § 65.00 to provide the
court with the discretion to impose a probation term of three, four or
five years for a felony. This would only apply to felonies other than
(1) Class A-II felonies defined in PL Article 220; (2) the Class B
felony defined in PL § 220.48; (3) any other. Class B felony defined
in PL Article 220 committed by a second felony drug offender; or (4)
any felony involving a sexual assault.

Section 2 of the bill would provide the court with the discretion to
impose a probation term of two or three years for a class A
misdemeanor other than a sexual assault.

Section 3 of the bill would give the court the discretion to impose a
probation term of two or three years for an unclassified misdemeanor,
for which the authorized sentence of imprisonment is greater than
three months.

Section 4 of the bill would amend would clarify that when someone is
found to have violated terms of probation and the court continues or
modifies the sentence, the court may extend remaining period of
probation up to the maximum term authorized by § 65.00.

Section 5 amends Criminal Procedure Law. § 410.70(5) to make
corresponding changes

EXISTING LAW: Current relevant law provides fixed probation sentences
and mandatory jail sentences for violation of probation terms.

JUSTIFICATION: Currently, sentences involving probation are oriented
to the conviction rather than to the offender. Penal Law g 65.00
stipulates that, with very few exceptions, a period of probation for a
felony offense must be five years, and a period of probation for a
class A misdemeanor must be three years. Unlike sentences of
incarceration, about which judges maintain broad discretion in
determining the length of the sentence, judges are limited when
determining the lengths of probation sentences.

This lack of judicial discretion prevents judges from distinguishing
among convicted individuals on the basis of their prior criminal
history; degree of culpability (major/minor actors); the risk level
they pose to public safety; and their actuarially determined risk of
re-offense. Moreover, all felony convictions, except those for certain
drug-related offenses, receive five-year probation terms with no
discretion for the court to distinguish between the levels of such
felonies (e.g., Vehicular manslaughter. in the First Degree.


This proposal reflects "evidence-based practices" - that is, practices
based on studies of what has been proven to be effective in the
probation field - and reflects the idea that appropriate judicial
discretion is critical to imposing correct probation term lengths in
order to advance public safety. Research into community supervision
and community corrections has shown that: (1) most re-offending and
technical violations occur within the first eighteen months of one's
probation term; and (2) supervision has its greatest impact in the
first twelve months. As such, of those felony probationers who violate
their terms of probation, more than 80% do so within the first three
years, and 80% of misdemeanor probationers who Violate the terms of
supervision do so within the first two years.

This bill would allow probation departments to advance public safety
by focusing scarce probation resources on the period of time when
probationers are most likely to re-offend and when probation
supervision is most effective. All Counties in New York, including the
five boroughs New York City, are now employing evidence-based risk
assessment instruments mandated by the State's Office of Probation and
Correctional Alternatives. These are one of several tools that
counties are utilizing to provide probation services the!. are
tailored more closely to the individual They can be used to guide
judges in determining probation lengths, allowing their probation
departments to focus scarce resources on higher risk probationers,
while lower-risk probationers are supervised for the period of time
when it matters most. This use of evidence-based practices to
concentrate resources on those who pose the highest risk to public
safety will result in lower recidivism rates and increased positive
outcomes for persons on probation.

Additionally, this proposal provides the court directly, and probation
departments indirectly, with a new tool to impose graduated sanctions
when probation is revoked. Currently, upon revocation, the only
sanction available to the Court is to sentence an individual to
incarceration, or a period of incarceration and probation. In other
words, if a probationer is not following all the terms of probation -
even if the mistakes are not criminal in nature - the only recourse
the court has is to sentence the probationer to a period in jail or
prison. This proposal provides the court with an intermediate option,
which is to impose a longer period of probation. In instances where an
individual does not receive the maximum amount of probation time at
sentencing, that sentence can be increased upon revocation, to the
maximum probation sentence that had been originally available to the
court.

LEGISLATIVE HISTORY: S.6880 of 2012 - Referred to Codes

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS:

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
________________________________________________________________________

                                  2100

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation  to establishing terms of probation sentences and revocations
  thereof under certain circumstances

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

  Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 3 of
section 65.00 of the penal law, as amended by section 20 of part AAA  of
chapter 56 of the laws of 2009, is amended to read as follows:
  (i)  For  a  felony, other than a class A-II felony defined in article
two hundred twenty of this chapter or the  class  B  felony  defined  in
section  220.48  of this chapter, or any other class B felony defined in
article two hundred twenty of this chapter committed by a second  felony
drug  offender,  or a sexual assault, the period of probation shall be A
TERM OF THREE, FOUR OR five years;
  S 2. Subparagraph (i) of paragraph (b) of  subdivision  3  of  section
65.00  of  the penal law, as amended by chapter 264 of the laws of 2003,
is amended to read as follows:
  (i) For a class A misdemeanor, other than a sexual assault, the period
of probation shall be A TERM OF TWO OR three years;
  S 3. Paragraph (d) of subdivision 3 of section 65.00 of the penal law,
as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
follows:
  (d)  For an unclassified misdemeanor, the period of probation shall be
A TERM OF TWO OR three years if the authorized sentence of  imprisonment
is in excess of three months, otherwise the period of probation shall be
one year.
  S  4.    Subdivision 4 of section 65.00 of the penal law is renumbered
subdivision 5 and a new subdivision 4 is added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06252-01-3

S. 2100                             2

  4. IF DURING THE PERIODS OF PROBATION REFERENCED IN  SUBPARAGRAPH  (I)
OF PARAGRAPH (A), SUBPARAGRAPH (I) OF PARAGRAPH (B) AND PARAGRAPH (D) OF
SUBDIVISION  THREE OF THIS SECTION AN ALLEGED VIOLATION IS SUSTAINED AND
THE COURT CONTINUES OR MODIFIES THE SENTENCE, THE COURT MAY  EXTEND  THE
REMAINING  PERIOD OF PROBATION UP TO THE MAXIMUM TERM AUTHORIZED BY THIS
SECTION.
  S 5. Subdivision 5 of section 410.70 of the criminal procedure law, as
amended by chapter 112 of the laws  of  1985,  is  amended  to  read  as
follows:
  5.  Revocation;  modification;  continuation. At the conclusion of the
hearing the court  may  revoke,  continue  or  modify  the  sentence  of
probation   or  conditional  discharge.  Where  the  court  revokes  the
sentence, it must impose sentence as specified in subdivisions three and
four of section 60.01 of the penal law. Where  the  court  continues  or
modifies the sentence, it must vacate the declaration of delinquency and
direct  that  the  defendant  be  released.  If the alleged violation is
sustained and the court continues  or  modifies  the  sentence,  it  may
extend the sentence up to the period of interruption specified in subdi-
vision  two  of  section  65.15  of the penal law, but any time spent in
custody in any correctional institution pursuant to  section  410.60  of
this  article  shall  be  credited  against  the  term  of the sentence.
PROVIDED FURTHER, WHERE THE ALLEGED VIOLATION IS SUSTAINED AND THE COURT
CONTINUES OR MODIFIES THE  SENTENCE,  THE  COURT  MAY  ALSO  EXTEND  THE
REMAINING  PERIOD  OF  PROBATION  UP  TO  THE MAXIMUM TERM AUTHORIZED BY
SECTION 65.00 OF THE PENAL LAW.
  S 6. This act shall take effect immediately; provided,  however,  that
it shall apply to offenses committed on or after the date this act shall
have  become  a  law, and provided, further, however, that it shall also
apply to offenses committed before such date, where  the  sentence  upon
conviction  for  such  offense is imposed no earlier than ten days after
such date.

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