Senate Bill S6940

                                 BILL NUMBER:  S6940

 TITLE OF BILL :  An act to amend the penal law, in relation to
revocable sentences of probation or conditional discharge and
imprisonment

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Local
Courts Advisory Committee.

This measure would authorize an increase in the maximum jail sentence
- from 60 days to 90 days - that may be imposed for a misdemeanor
conviction where there is a concurrent sentence of jail plus probation
or conditions, i.e., a "split sentence." Penal Law 60.01(2)(d) now
authorizes a court to impose a split sentence of up to a maximum of 60
days in jail for a misdemeanor, along with a term of probation, which
together cannot exceed the authorized term of probation as set forth
in Penal Law § 65.00(3). See People v Zephrin, 14 NY3d 296, 299-300
(2010).

The "split sentence" option of Penal Law 60.01(2)(d) provides for an
important sentencing alternative in those cases where neither a
straight jail term alone nor a supervisory sentence is considered
appropriate by itself. Unfortunately, however, there are many cases
where the judge at sentencing or the prosecutor during plea
negotiations may feel constrained to reject the "split sentence" in
              

favor of straight imprisonment because they are uncomfortable with
sentencing the defendant to only 60 days in jail. This works to
deprive many defendants, especially in drug treatment and other
specialty courts, of the beneficial rehabilitative options available
through probation. We believe that "split sentences" would be utilized
more widely if judges had the discretion to impose a jail term of up
to 90 days as part of the overall split sentence, and that fewer
prosecutors would insist on long sentences of straight jail time if
there was an option of combining probation with a jail term of 90 days
instead of only 60 days. In the view of our Advisory Committee,
sentencing a defendant with an underlying problem like drug addiction
to a split sentence of 90 days plus probation generally produces
better results than sentencing the defendant to a longer term of
straight jail time without the benefits and rehabilitative options
available through probation.

In order to effectuate the foregoing goals, this measure would amend
Penal Law 60.01(2)(d) to increase, from 60 days to 90 days, the
maximum period of incarceration that may be served in conjunction with
a sentence of probation or conditional discharge for a Class A
misdemeanor.

This measure, which would have no fiscal impact on state or local
governments, would take effect on the first day of November next
succeeding the date on which it shall become a law, and shall apply
only to offenses committed on or after such effective date.

 LEGISLATIVE HISTORY :

None. New proposal.