senate Bill S3488A

2013-2014 Legislative Session

Relates to commitment for intermittent 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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 21, 2013 referred to codes
Jun 20, 2013 delivered to assembly
passed senate
ordered to third reading cal.1479
committee discharged and committed to rules
Jun 04, 2013 print number 3488a
amend and recommit to codes
Feb 04, 2013 referred to codes

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3488 - Bill Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §430.20, CP L

S3488 - Bill Texts

view summary

Relates to commitment for intermittent sentences; authorizes commitment in the county where the defendant resides with the consent of the sheriffs of the sentencing court and county of residence of the defendant.

view sponsor memo
BILL NUMBER:S3488

TITLE OF BILL: An act to amend the criminal procedure law, in relation
to commitment for intermittent sentences

SUMMARY OF PROVISIONS:

Section 1 amends Section 430.20 of the criminal procedure law by adding
a new subdivision 3-a which provides that where a defendant who receives
an intermittent sentence resides in another jurisdiction within New York
State, the sentencing court may transfer commitment to the county
department of correction where the defendant resides. The sentencing
court shall retain jurisdiction for any additional matters pertaining to
the case.

Section 2 provides that this act shall take effect on the sixtieth day
after it shall have become law.

PURPOSE AND JUSTIFICATION: Currently, when a defendant is given an
intermittent sentence, such as a sentence of incarceration over a series
of weekends, this sentence must be served within the jurisdiction of the
court. If the defendant resides in another county, which may be a great
distance away, the travel requirements to and from jail can be difficult
and increase the chances, whether because of inclement weather or travel
delays, that the defendant will be late or otherwise violate the terms
of his or her sentence. This bill would give the sentencing court the
option, if the judge believes it would be appropriate, to have the
defendant serve the intermittent sentence within his or her county of
residence.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it
shall have become law.

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

                                  3488

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- 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  commitment
  for intermittent sentences

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

  Section 1. Section 430.20 of the criminal procedure law is amended  by
adding a new subdivision 3-a to read as follows:
  3-A. TRANSFER OF COMMITMENT FOR INTERMITTENT SENTENCES.  NOTWITHSTAND-
ING  SUBDIVISION  THREE OF THIS SECTION, WHERE THE DEFENDANT AT THE TIME
OF INTERMITTENT SENTENCING RESIDES IN ANOTHER  JURISDICTION  WITHIN  THE
STATE,  THE  SENTENCING  COURT  MAY  TRANSFER  COMMITMENT  TO THE COUNTY
DEPARTMENT OF CORRECTION WHERE THE  DEFENDANT  RESIDES.  THE  SENTENCING
JUDGE SHALL RETAIN JURISDICTION FOR ADDITIONAL MATTERS PERTAINING TO THE
CASE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03722-01-3

Co-Sponsors

S3488A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §430.20, CP L

S3488A (ACTIVE) - Bill Texts

view summary

Relates to commitment for intermittent sentences; authorizes commitment in the county where the defendant resides with the consent of the sheriffs of the sentencing court and county of residence of the defendant.

view sponsor memo
BILL NUMBER:S3488A

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to commitment for intermittent sentences

SUMMARY OF PROVISIONS:

Section 1 amends Section 430.20 of the criminal procedure law by
adding a new subdivision 3-a which provides that where a defendant who
receives an intermittent sentence resides in another jurisdiction
within New York State, the sentencing court may transfer commitment to
the county department of correction where the defendant resides. The
sentencing court shall retain jurisdiction for any additional matters
pertaining to the case.

Section 2 provides that this act. shall take effect on the sixtieth
day after it shall have become law.

PURPOSE AND JUSTIFICATION: Currently, when a defendant is given an
intermittent sentence, such as a sentence of incarceration over a
series of weekends, this sentence must be served within the
jurisdiction of the court. If the defendant resides in another county,
which may be a great distance away, the travel requirements to and
from jail can be difficult and increase the chances, whether because
of inclement weather or travel delays, that the defendant will be late
or otherwise violate the terms of his or her sentence. This bill would
give the sentencing court the option, if the judge believes it would
be appropriate, to have the defendant serve the intermittent sentence
within his or her county of residence.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3488--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the criminal procedure law, in relation to commitment
  for intermittent sentences

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

  Section  1. Section 430.20 of the criminal procedure law is amended by
adding a new subdivision 3-a to read as follows:
  3-A. TRANSFER OF COMMITMENT FOR INTERMITTENT SENTENCES.  NOTWITHSTAND-
ING SUBDIVISION THREE OF THIS SECTION, WHERE THE DEFENDANT AT  THE  TIME
OF  INTERMITTENT  SENTENCING  RESIDES IN ANOTHER JURISDICTION WITHIN THE
STATE, THE SENTENCING  COURT  MAY  TRANSFER  COMMITMENT  TO  THE  COUNTY
DEPARTMENT OF CORRECTION WHERE THE DEFENDANT RESIDES WITH THE CONSENT OF
THE SHERIFFS OF THE COUNTY OF THE SENTENCING COURT AND THE COUNTY OF THE
RESIDENCE  OF THE DEFENDANT. THE SENTENCING JUDGE SHALL RETAIN JURISDIC-
TION FOR ADDITIONAL MATTERS PERTAINING TO THE CASE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03722-02-3

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