Assembly Bill A11383

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11383
 
                           I N  A S S E M B L Y
 
                               May 15, 2026
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Taylor) --
   (at request of the Unified Court System) -- read once and referred  to
   the Committee on Codes
 
 AN  ACT  to  amend the criminal procedure law, in relation to broadening
   the court's discretion to use extended terms of interim  probation  on
   consent of the defendant to avoid incarceratory outcomes

   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  NOT  exceeding  one  year  from  the  date  the
 conviction   is   entered[,  except  that].  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW TO THE CONTRARY,  upon  good  cause  shown,  AND  AFTER
 FURTHER  CONSULTATION  WITH  THE  prosecutor  and  with  the defendant's
 consent, the court may[, upon the defendant's consent,] extend the peri-
 od OF INTERIM PROBATION for [an] TWO additional one year  PERIODS  where
 the  defendant [has agreed to and] is still participating in a treatment
 program in connection with [a court designated] a treatment,  DIVERSION,
 ALTERNATIVES  TO  INCARCERATION,  OR OTHER PROBLEM-SOLVING court [by] SO
 DESIGNATED BY the chief administrator of the  courts  OR  HAS  OTHERWISE
 BEEN SUBJECT TO INTERIM PROBATION SUPERVISION AS PART OF A COURT-ORDERED
 CONDITIONAL  PLEA AGREEMENT.  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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14937-01-6
 A. 11383                            2

 time [he or she] SUCH DEFENDANT 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
 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] SUCH DEFENDANT shall  receive
 credit  for the time served under the period of interim probation super-
 vision 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.