S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7128
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 10, 2019
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the criminal procedure law, in relation to treatment
   programs and treatment court during 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, 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]
 TREATMENT 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 rehabili-
 tation 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 super-
 vision. The defendant's record of compliance with  such  conditions,  as
 well as any other relevant information, shall be included in the presen-
 tence  report,  or updated presentence report, prepared pursuant to this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11010-01-9

 A. 7128                             2
 
 section, and the court must consider such record  and  information  when
 pronouncing  sentence. If a defendant satisfactorily completes a term of
 interim probation supervision, he or she shall receive  credit  for  the
 time served under the period of interim probation supervision toward any
 probation sentence that is subsequently imposed in that case.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.