|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 19, 2021||referred to codes|
senate Bill S6864
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6864 (ACTIVE) - Details
S6864 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6864 SPONSOR: AKSHAR TITLE OF BILL: An act to amend the criminal procedure law, in relation to interim probation supervision PURPOSE OR GENERAL IDEA OF BILL: To have the time period that a court is limited to adjourn sentencing and place a defendant on interim probation supervision be one year from the date the defendant is actually placed on interim probation super- vision instead of the date the conviction is entered. SUMMARY OF PROVISIONS: Amends paragraph (a) of subdivision 6 of section 390.30 of the Criminal Procedure Law to provide that when a court adjourns sentencing and plac- es a defendant on interim probation supervision, the time that the court is limited to adjourn sentencing is one year from the date the defendant
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.
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.