Bill Text: NY S05450 | 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 [S05450 Detail]

Download: New_York-2019-S05450-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5450
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 1, 2019
                                       ___________
        Introduced  by  Sen.  BAILEY -- 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  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
        S. 5450                             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.