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Senate Bill S7790

Signed By Governor

2021-2022 Legislative Session

Relates to considerations for adjustment by the probation service

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Archive: Last Bill Status - Signed by Governor

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2021-S7790 (ACTIVE) - Details

See Assembly Version of this Bill:
A9176
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §725.05, CP L (as proposed in S.7033 & A.7713)

2021-S7790 (ACTIVE) - Summary

Makes technical changes relating to considerations for adjustment by the probation service.

2021-S7790 (ACTIVE) - Sponsor Memo

2021-S7790 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7790
 
                             I N  S E N A T E
 
                             January 11, 2022
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure law, in relation to consideration
   for adjustment by the probation service
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision 7 of section 725.05 of the criminal procedure
 law, as amended by a chapter of the laws of 2021 amending the penal  law
 and  the  criminal procedure law relating to pleas of guilty and removal
 of adolescent offender proceedings to the family court, as  proposed  in
 legislative  bills  numbers  S.  7033 and A. 7713, is amended to read as
 follows:
   7. Whether or not a securing order has been made, the order of removal
 must specify a date certain within ten days from the date of  the  order
 of  removal for the defendant's appearance in the family court and where
 the defendant is in detention or in the custody of the sheriff that date
 must be not later than the next day the  family  court  is  in  session.
 Unless the defendant is in detention or is in the custody of the sheriff
 or  unless  the  order  of  removal  specifies  a juvenile or adolescent
 offense for which the defendant is not eligible  for  consideration  for
 adjustment  under  subdivision  thirteen OR FOURTEEN of section 308.1 of
 the family court act, the order of removal shall direct the defendant to
 appear at the family court intake office of  the  county  department  of
 probation for adjustment consideration; provided, however, that pursuant
 to  subdivision three of section 308.1 of the family court act, the fact
 that the defendant is in detention or is in the custody of  the  sheriff
 shall  not preclude the probation service from adjusting the case if the
 defendant is otherwise eligible for adjustment.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a chapter of the laws of 2021 amending the penal law and the
 criminal procedure law relating  to  pleas  of  guilty  and  removal  of
 adolescent  offender  proceedings  to  the  family court, as proposed in
 legislative bills numbers S. 7033 and A. 7713, takes effect.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10254-02-2

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