Amends the criminal procedure law and correction law, in relation to the delivery of sentence and commitment documents.

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A7930-2011 Actions

• Jul 20, 2011: signed chap.177
• Jul 8, 2011: delivered to governor
• Jun 14, 2011: RETURNED TO ASSEMBLY
• Jun 14, 2011: PASSED SENATE
• Jun 14, 2011: 3RD READING CAL.1169
• Jun 14, 2011: SUBSTITUTED FOR S5542
• Jun 14, 2011: REFERRED TO RULES
• Jun 14, 2011: delivered to senate
• Jun 14, 2011: passed assembly
• Jun 13, 2011: ordered to third reading rules cal.156
• Jun 13, 2011: rules report cal.156
• Jun 13, 2011: reported
• Jun 7, 2011: reported referred to rules
• May 24, 2011: referred to codes

A7930-2011 Votes

A7930-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    7930

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                May 24, 2011
                                 ___________

  Introduced  by  M.  of  A.  AUBRY  --  (at  request of the Department of
    Corrections and Community Supervision) -- read once  and  referred  to
    the Committee on Codes

  AN  ACT  to  amend the criminal procedure law and the correction law, in
    relation to the delivery of sentence and commitment documents

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. Section 380.60 of the criminal procedure law is amended to
  read as follows:

  S 380.60  Authority for the execution of sentence.
    Except where a sentence of death is pronounced, a SENTENCE AND COMMIT-
  MENT OR certificate of conviction showing the sentence pronounced by the
  court, or a  certified  copy  thereof,  constitutes  the  authority  for
  execution  of the sentence and serves as the order of commitment, and no
  other warrant, order of commitment or authority is necessary to  justify
  or to require execution of the sentence.
    S  2.  The  criminal  procedure law is amended by adding a new section
  380.65 to read as follows:

  S 380.65 SENTENCE AND COMMITMENT AND ORDER OF  PROTECTION  TO  ACCOMPANY
              DEFENDANT SENTENCED TO IMPRISONMENT.
    A SENTENCE AND COMMITMENT OR CERTIFICATE OF CONVICTION, SPECIFYING THE
  SECTION,  AND  TO  THE EXTENT APPLICABLE, THE SUBDIVISION, PARAGRAPH AND
  SUBPARAGRAPH OF THE PENAL LAW OR OTHER STATUTE UNDER WHICH THE DEFENDANT
  WAS CONVICTED, OR A CERTIFIED COPY THEREOF, AND A COPY OF ANY  ORDER  OF
  PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED AGAINST THE DEFENDANT
  AT  THE TIME OF SENTENCING, MUST BE DELIVERED TO THE PERSON IN CHARGE OF
  THE CORRECTIONAL FACILITY OR OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
  FACILITY  TO  WHICH THE DEFENDANT IS COMMITTED AT THE TIME THE DEFENDANT
  IS DELIVERED THERETO.  A  SENTENCE  AND  COMMITMENT  OR  CERTIFICATE  OF
  CONVICTION  IS  NOT  DEFECTIVE BY REASON OF A FAILURE TO COMPLY WITH THE
  PROVISIONS OF THIS SECTION.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09456-03-1

 A. 7930                             2

    S 3. Section 380.70 of the  criminal  procedure  law,  as  amended  by
  section  1  of  chapter  141  of the laws of 2008, is amended to read as
  follows:

  S 380.70 Minutes of sentence.
    In  any  case  where a person receives an indeterminate or determinate
  sentence of imprisonment, a certified copy of the  stenographic  minutes
  of  the  sentencing  proceeding[, a certificate of conviction specifying
  the section and, to the extent applicable,  the  subdivision,  paragraph
  and  subparagraph  of  the  penal  law  or other statute under which the
  defendant was convicted and a copy of any order of protection or  tempo-
  rary  order  of  protection  issued against the defendant at the time of
  sentencing] must be delivered by the court to the person  in  charge  of
  the  institution to which the defendant has been delivered within thirty
  days from the date such sentence was imposed[; provided, however, that a
  sentence or commitment is not defective by reason of a failure to comply
  with the provisions of this section].
    S 4. Section 380.70 of the  criminal  procedure  law,  as  amended  by
  section  1-a  of  chapter 141 of the laws of 2008, is amended to read as
  follows:

  S 380.70 Minutes of sentence.
    In any case where a  person  receives  an  indeterminate  sentence  of
  imprisonment  or a reformatory or alternative local reformatory sentence
  of imprisonment, a certified copy of the  stenographic  minutes  of  the
  sentencing  proceeding  [and a copy of any order of protection or tempo-
  rary order of protection issued against the defendant  at  the  time  of
  sentencing]  must  be  delivered by the court to the person in charge of
  the institution to which the defendant has been delivered within  thirty
  days from the date such sentence was imposed[; provided, however, that a
  sentence or commitment is not defective by reason of a failure to comply
  with the provisions of this section].
    S  5. Subdivision (a) of section 601 of the correction law, as amended
  by section 9 of part D of chapter 56 of the laws of 2008, is amended  to
  read as follows:

    (a)  Whenever  an inmate shall be delivered to the superintendent of a
  state correctional facility pursuant to an indeterminate or  determinate
  sentence,  the  officer  so delivering such inmate shall deliver to such
  superintendent, [a certified copy of  the  sentence,  a  certificate  of
  conviction  and  a copy of any order of protection or temporary order of
  protection issued against the inmate at the time of sentencing  pursuant
  to  section  380.70]  THE  SENTENCE  AND  COMMITMENT  OR  CERTIFICATE OF
  CONVICTION, OR A CERTIFIED COPY THEREOF, AND A  COPY  OF  ANY  ORDER  OF
  PROTECTION  PURSUANT  TO  SECTION  380.65  of the criminal procedure law
  received by such officer from the clerk  of  the  court  by  which  such
  inmate  shall have been sentenced, a copy of the report of the probation
  officer's investigation and report or a detailed statement covering  the
  facts  relative  to  the  crime  and  previous  history certified by the
  district attorney,  a  copy  of  the  inmate's  fingerprint  records,  a
  detailed  summary  of available medical records, psychiatric records and
  reports relating to assaults, or other violent acts, attempts at suicide
  or escape by the inmate while in the custody of the  local  correctional
  facility; any such medical or psychiatric records in the possession of a
  health care provider other than the local correctional facility shall be
  summarized  in  detail and forwarded by such health care provider to the
  medical director of the appropriate  state  correctional  facility  upon
  request;  the superintendent shall present to such officer a certificate
  of the delivery of such inmate, and the fees of such officer for  trans-

 A. 7930                             3

  porting  such  inmate shall be paid from the treasury upon the audit and
  warrant of the comptroller. Whenever an inmate of the state is delivered
  to a local facility, the superintendent shall forward summaries of  such
  records to the local facility with the inmate.
    S  6. Subdivision (a) of section 601 of the correction law, as amended
  by section 10 of part D of chapter 56 of the laws of 2008, is amended to
  read as follows:

    (a) Whenever an inmate shall be delivered to the superintendent  of  a
  state  correctional facility pursuant to an indeterminate or determinate
  sentence, the officer so delivering such inmate shall  deliver  to  such
  superintendent,  [a  certified  copy  of  the sentence] THE SENTENCE AND
  COMMITMENT OR CERTIFICATE OF CONVICTION, OR A  CERTIFIED  COPY  THEREOF,
  AND  A  COPY  OF  ANY  ORDER  OF  PROTECTION  PURSUANT TO SECTION 380.65
  received by such officer from the clerk  of  the  court  by  which  such
  inmate  shall have been sentenced, [a copy of any order of protection or
  temporary order of protection issued against the inmate at the  time  of
  sentencing,]  a  copy  of the report of the probation officer's investi-
  gation and report or a detailed statement covering the facts relative to
  the crime and previous history certified by  the  district  attorney,  a
  copy  of  the inmate's fingerprint records, a detailed summary of avail-
  able medical  records,  psychiatric  records  and  reports  relating  to
  assaults,  or  other  violent acts, attempts at suicide or escape by the
  inmate while in the custody of the local correctional facility; any such
  medical or psychiatric records  in  the  possession  of  a  health  care
  provider  other than the local correctional facility shall be summarized
  in detail and forwarded by such health  care  provider  to  the  medical
  director  of  the  appropriate state correctional facility upon request;
  the superintendent shall present to such officer a  certificate  of  the
  delivery  of  such inmate, and the fees of such officer for transporting
  such inmate shall be paid from the treasury upon the audit  and  warrant
  of  the comptroller.   Whenever an inmate of the state is delivered to a
  local facility, the  superintendent  shall  forward  summaries  of  such
  records to the local facility with the inmate.
    S  7.  This act shall take effect September 1, 2011; provided that the
  amendments to section 380.70 of  the  criminal  procedure  law  made  by
  section  three of this act shall be subject to the expiration and rever-
  sion of such section pursuant to section 74 of chapter 3 of the laws  of
  1995,  as amended, when upon such date the provisions of section four of
  this act shall take effect; provided, further, that  the  amendments  to
  subdivision  (a)  of  section  601 of the correction law made by section
  five of this act shall be subject to the  expiration  and  reversion  of
  such  subdivision  pursuant  to  section  74 of chapter 3 of the laws of
  1995, as amended, when upon such date the provisions of section  six  of
  this act shall take effect.