BILL NUMBER: S5450

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to treatment programs and treatment court during interim
probation supervision

 
PURPOSE:

To extend the two-year exception for interim probation period to a
defendant in any type of treatment program supervised by any treatment
court.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 390.30(6) (a) of the Criminal
Procedure Law to create a two-year interim probation period for any
treatment program supervised by any treatment court.

Section 2 provides the effective date.

              

 
EXISTING LAW:

See CPL 390.30.

 
JUSTIFICATION:

Under the Criminal Procedure Law, interim probation is permitted during
the pre-sentence period. Criminal Procedure Law article 390 authorizes
an interim probation period between the date of the plea and the date of
sentencing for a one-year time period, but the statute explicitly
creates an exception of a two-year period only in cases where the
defendant is in a substance abuse treatment program that is supervised
by a drug court.

This bill seeks to expand the interim probation exception so that any
treatment program supervised by any treatment court can have up to two
years of interim probation. For example, under current law, a mental
health treatment program supervised by a Mental Health Court or a veter-
an's treatment program supervised by a Veterans' Court can only be part
of the interim probation for one year. Under this bill, however, the
interim probation period could last for two years. It would benefit a
participant in a mental health treatment program to have an additional
year of interim probation because there would be a continuation of
resources, which would be more stable for the participant and more effi-
cient in terms of delivery of services. Veterans treatment tracks often
assist veterans in getting treatment for substance abuse and PTSD, and
provides support services tackling unemployment, homelessness, and
re-adjustment to civilian life. In addition, peer mentors are offered,
and volunteer veterans help their fellow veterans to stay on track with
their program.  If a participant would require additional time for
treatment, the participant could no longer be prevented from receiving
such treatment under an interim probation program.

Westchester's new hub court system provides non-violent offenders and
military veterans throughout the county the opportunity to receive the
help they need and to avoid a criminal record, which would prevent them
from moving forward with their lives. This program has been successful
in the larger cities in the county, reducing incarceration and recidiv-
ism rates. The interim probation provisions set out in the Criminal
Procedure Law could provide additional help to these courts, which as
hub courts, have jurisdiction to help many people who have specific,
specialized needs.

The New York Legislature should pass the bill because it would serve as
another tool in the law enforcement toolbox that allows a defendant the
opportunity to undergo a necessary treatment program for additional time
if needed. By extending the time of interim probation to two years,
treatment courts will have more flexibility to meet the needs of the
defendants before them and to more efficiently treat their complicated
issues.

 
FISCAL IMPACT ON THE STATE:

None.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.