senate Bill S6864

2021-2022 Legislative Session

Relates to interim probation supervision

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 19, 2021 referred to codes

S6864 (ACTIVE) - Details

See Assembly Version of this Bill:
A4835
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §390.30, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8026
2017-2018: A6426
2019-2020: A4683

S6864 (ACTIVE) - Summary

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

S6864 (ACTIVE) - Sponsor Memo

S6864 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6864
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2021
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- 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 amended by chapter 279 of the laws of 2019,
 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  treatment  program  in
 connection with a court designated a treatment court by the chief admin-
 istrator  of  the courts.  When ordering that the defendant be placed on
 interim probation supervision, the court shall impose all of the  condi-
 tions  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 condi-
 tions 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  defendant's  record  of
 compliance  with such conditions, as well as any other relevant informa-
 tion, shall be included in the presentence report,  or  updated  presen-
 tence  report,  prepared  pursuant  to  this section, and the court must
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.