Bill Text: NY A07128 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to treatment programs and treatment court during interim probation supervision.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-09-13 - signed chap.279 [A07128 Detail]

Download: New_York-2019-A07128-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7128
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 10, 2019
                                       ___________
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Codes
        AN  ACT  to  amend  the criminal procedure law, in relation to treatment
          programs and treatment court during 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, except that upon good cause shown, the court may,  upon  the
    12  defendant's  consent, extend the period for an additional one year where
    13  the defendant has agreed to and is still participating in  a  [substance
    14  abuse]  treatment program in connection with a court designated a [drug]
    15  treatment court by the chief administrator of the courts. When  ordering
    16  that the defendant be placed on interim probation supervision, the court
    17  shall  impose all of the conditions relating to supervision specified in
    18  subdivision three of section 65.10 of the penal law and  the  court  may
    19  impose  any  or  all of the conditions relating to conduct and rehabili-
    20  tation specified in subdivisions two, four, five and five-a  of  section
    21  65.10 of such law. The defendant must receive a written copy of any such
    22  conditions  at  the time he or she is placed on interim probation super-
    23  vision. The defendant's record of compliance with  such  conditions,  as
    24  well as any other relevant information, shall be included in the presen-
    25  tence  report,  or updated presentence report, prepared pursuant to this
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11010-01-9
        A. 7128                             2
     1  section, and the court must consider such record  and  information  when
     2  pronouncing  sentence. If a defendant satisfactorily completes a term of
     3  interim probation supervision, he or she shall receive  credit  for  the
     4  time served under the period of interim probation supervision toward any
     5  probation sentence that is subsequently imposed in that case.
     6    §  2.  This  act  shall take effect on the sixtieth day after it shall
     7  have become a law.