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Senate Bill S4794

2013-2014 Legislative Session

Relates to interim probation supervision

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2013-S4794 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง390.30, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S1598
2017-2018: S2048

2013-S4794 (ACTIVE) - Summary

Permits adjournment of sentencing for a period of one year from the date a defendant is placed on interim probation supervision.

2013-S4794 (ACTIVE) - Sponsor Memo

2013-S4794 (ACTIVE) - Bill Text download pdf 

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

                                  4794

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen. BONACIC -- 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  interim
  probation supervision

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

  Section 1. Paragraph (a) of subdivision 6 of  section  390.30  of  the
criminal procedure law, as separately amended by section 1 of part O and
section  5  of part AAA of chapter 56 of the laws of 2009, is amended to
read as follows:
  (a) In any case where the court determines that a defendant is  eligi-
ble  for a sentence of probation, the court, after consultation with the
prosecutor and upon the  consent  of  the  defendant,  may  adjourn  the
sentencing to a specified date and order that the defendant be placed on
interim  probation  supervision.  In  no  event  may  the  sentencing be
adjourned for a period exceeding one year from the date the  [conviction
is entered] DEFENDANT IS PLACED ON INTERIM PROBATION SUPERVISION, except
that upon good cause shown, the court may, upon the defendant's consent,
extend  the  period  for  an additional one year where the defendant has
agreed to and is still participating  in  a  substance  abuse  treatment
program  in connection with a court designated a drug court by the chief
administrator of the courts. When ordering that the defendant be  placed
on  interim  probation  supervision,  the  court shall impose all of the
conditions relating to supervision specified  in  subdivision  three  of
section  65.10  of  the penal law and the court may impose any or all of
the conditions relating  to  conduct  and  rehabilitation  specified  in
subdivisions  two,  four,  five and five-a of section 65.10 of such law.
The defendant must receive a written copy of any such conditions at  the
time  he  or she is placed on interim probation supervision. The defend-
ant's record of compliance with such conditions, as well  as  any  other
relevant  information,  shall  be included in the presentence report, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06721-01-3

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