STATE OF NEW YORK
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4683
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
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Introduced by M. of A. B. MILLER -- read once and referred 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:
1 Section 1. Paragraph (a) of subdivision 6 of section 390.30 of the
2 criminal procedure law, as separately amended by section 1 of part O and
3 section 5 of part AAA of chapter 56 of the laws of 2009, is amended to
4 read as follows:
5 (a) In any case where the court determines that a defendant is eligi-
6 ble for a sentence of probation, the court, after consultation with the
7 prosecutor and upon the consent of the defendant, may adjourn the
8 sentencing to a specified date and order that the defendant be placed on
9 interim probation supervision. In no event may the sentencing be
10 adjourned for a period exceeding one year from the date the [conviction
11 is entered] defendant is placed on interim probation supervision, except
12 that upon good cause shown, the court may, upon the defendant's consent,
13 extend the period for an additional one year where the defendant has
14 agreed to and is still participating in a substance abuse treatment
15 program in connection with a court designated a drug court by the chief
16 administrator of the courts. When ordering that the defendant be placed
17 on interim probation supervision, the court shall impose all of the
18 conditions relating to supervision specified in subdivision three of
19 section 65.10 of the penal law and the court may impose any or all of
20 the conditions relating to conduct and rehabilitation specified in
21 subdivisions two, four, five and five-a of section 65.10 of such law.
22 The defendant must receive a written copy of any such conditions at the
23 time he or she is placed on interim probation supervision. The defend-
24 ant's record of compliance with such conditions, as well as any other
25 relevant information, shall be included in the presentence report, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06573-01-9
A. 4683 2
1 updated presentence report, prepared pursuant to this section, and the
2 court must consider such record and information when pronouncing
3 sentence. If a defendant satisfactorily completes a term of interim
4 probation supervision, he or she shall receive credit for the time
5 served under the period of interim probation supervision toward any
6 probation sentence that is subsequently imposed in that case.
7 § 2. This act shall take effect immediately.