Bill S3272-2011

Requires a sentence and commitment or certificate of conviction to be delivered to persons in charge of the correctional facility or OCFS facility to which a defendant is committed

Requires a sentence and commitment or certificate of conviction to be delivered to persons in charge of the correctional facility or office of children and family services facility to which a defendant is committed.

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  • Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 4, 2012: REFERRED TO CODES
  • Feb 15, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S3272

TITLE OF BILL:

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

SUMMARY OF PROVISIONS:

Section 1 of the bill would make a technical correction to Criminal Procedure Law § 380.60 to reflect the correct title of the commitment document that accompanies an offender to a correctional institution.

Sections 2 and 4 of the bill would add a new Criminal Procedure Law . 380.65 and amend Correction Law §601(a) to clarify that the sentence and commitment or certificate of conviction, as well as any order of protection, must accompany an offender to a state or local correctional institution or to an OCFS facility when he or she commences service of a sentence of imprisonment.

Section 3 of the bill would make a technical amendment to Criminal Procedure Law § 380.70 to clarify that it is only the sentencing minutes, and not the certificate of conviction or order of protection, that must be delivered to the institution where the defendant is confined within 30 days after the imposition of sentence.

Section 5 of the bill sets forth the effective date:

EXISTING LAW:

Criminal Procedure Law § 380.60 now provides that in all cases other than when a sentence of death is pronounced, a certificate of conviction showing the sentence pronounced by the court, or a certified copy thereof, constitutes the authority for execution of sentence and serves as the order of commitment. Criminal Procedure Law § 380.70 requires a court to deliver sentencing minutes to a correctional facility 30 days after imposing a sentence of imprisonment. It also requites a certificate of conviction and order of protection to be delivered to the facility within 30 days from the date sentence was imposed. However, Correction Law § 601 (a) requires that whenever an inmate is delivered to a state facility, the transporting officer must also deliver a certified copy of the sentence, a certificate of conviction and a copy of any order or temporary order of protection.

LEGISLATIVE HISTORY:

2009-10: S.5517.A.7951 - Referred to Senate Codes/Assembly Codes

STATEMENT IN SUPPORT:

This bill would correct and clarify inconsistent and ambiguous provisions in the Criminal Procedure Law and the Correction Law pertaining to the timing of the sentencing court's obligation to provide state and local correctional facilities and OCFS facilities

with commitment documents, orders of protection and sentencing minutes. It also would make technical corrections to the statutes to reflect the proper name of the commitment documents that are used today.

First, Criminal Procedure Law § 380.60 identifies a "certificate of conviction" as the legal document that confers the authority for the execution of sentence and serves as the order of commitment. In actuality, the technical title of the commitment document is a "sentence and commitment." As such, it is appropriate that this section of law, as well as a comparable provision in Correction Law § 601(a), be amended to include the title of the document that is routinely used.

Second, Criminal Procedure Law § 380.70 provides that in any case where a person receives either a determinate or indeterminate sentence of imprisonment, the sentencing minutes must be transcribed and separately sent to the institution to which the defendant has been delivered within 30 days of the pronouncement of sentence.

As part of the Sentencing Reform Act of 1995, the Legislature determined that the commitment document that accompanies an offender to his or her place of incarceration should contain greater specificity with regard to the crime of commitment. Specifically, it was determined that the commitment should also indicate, to the extent applicable, the subdivision, paragraph and subparagraph of the penal law or other statute under which the defendant was convicted. However, when the Legislature adopted this new requirement in 1995, the provision was mistakenly inserted into section 380.70, the same section of law that deals with sentencing minutes. This creates the misimpression that a commitment, like the sentencing minutes, may be separately delivered to the facility, even though Correction Law 601(a) and Criminal Procedure Law § 380.60 make it clear that the commitment document must accompany the defendant when he or she is delivered to the institution to commence serving his or her sentence of imprisonment. This error was continued when the law was subsequently expanded to require orders of protection to be delivered to the institution with a defendant.

The new section of law that explicitly describes the documents that must accompany a defendant when he or she is delivered to an institution to commence serving a sentence of imprisonment will clarify the confusion that is caused by the existing, inconsistent statutory language. This will help to ensure that state and local correctional facilities have the necessary documentation when receiving offenders into their custody, including documents providing such basic information as the term of the inmate's sentence and whether multiple sentences run consecutively or concurrently.

At the same time, maintaining a separate section of law requiring that courts subsequently send the sentencing minutes to the facility should help to clarify the courts' continuing obligations after a defendant has been sentenced. These minutes assist DOCS and the Division of Parole with programming and release decisions. They provide additional background about the crime, any recommendations by

the judge and any statements by victims. By separating these provisions, it will clarify that the sentence and commitment documents are sent to the facility with the inmate, and that the sentence minutes must be sent later, helping to ensure that these critically important documents will become part of an inmate's correctional file.

BUDGET IMPLICATIONS:

EFFECTIVE DATE:

This bill would take effect on September 1, 2011, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 3272 2011-2012 Regular Sessions IN SENATE February 15, 2011 ___________
Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed 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, 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 DEFEND- ANT 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.
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. 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 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 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 5. This act shall take effect September 1, 2011; provided, however, that the amendments to section 380.70 of the criminal procedure law made by section three of this act and the amendments to subdivision (a) of section 601 of the correction law made by section four of this act shall not affect the expiration of such provisions and shall be deemed to expire therewith.

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