Relates to commitment for intermittent sentences; authorizes commitment in the county where the defendant resides with the consent of the sheriffs of the sentencing court and county of residence of the defendant.
Ayes (62): Adams, Addabbo, Avella, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Ball
TITLE OF BILL: An act to amend the criminal procedure law, in relation to commitment for intermittent sentences
SUMMARY OF PROVISIONS:
Section 1 amends Section 430.20 of the criminal procedure law by adding a new subdivision 3-a which provides that where a defendant who receives an intermittent sentence resides in another jurisdiction within New York State, the sentencing court may transfer commitment to the county department of correction where the defendant resides. The sentencing court shall retain jurisdiction for any additional matters pertaining to the case.
Section 2 provides that this act. shall take effect on the sixtieth day after it shall have become law.
PURPOSE AND JUSTIFICATION: Currently, when a defendant is given an intermittent sentence, such as a sentence of incarceration over a series of weekends, this sentence must be served within the jurisdiction of the court. If the defendant resides in another county, which may be a great distance away, the travel requirements to and from jail can be difficult and increase the chances, whether because of inclement weather or travel delays, that the defendant will be late or otherwise violate the terms of his or her sentence. This bill would give the sentencing court the option, if the judge believes it would be appropriate, to have the defendant serve the intermittent sentence within his or her county of residence.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 3488--A 2013-2014 Regular Sessions IN SENATE February 4, 2013 ___________Introduced by Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to commitment for intermittent sentences THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 430.20 of the criminal procedure law is amended by adding a new subdivision 3-a to read as follows: 3-A. TRANSFER OF COMMITMENT FOR INTERMITTENT SENTENCES. NOTWITHSTAND- ING SUBDIVISION THREE OF THIS SECTION, WHERE THE DEFENDANT AT THE TIME OF INTERMITTENT SENTENCING RESIDES IN ANOTHER JURISDICTION WITHIN THE STATE, THE SENTENCING COURT MAY TRANSFER COMMITMENT TO THE COUNTY DEPARTMENT OF CORRECTION WHERE THE DEFENDANT RESIDES WITH THE CONSENT OF THE SHERIFFS OF THE COUNTY OF THE SENTENCING COURT AND THE COUNTY OF THE RESIDENCE OF THE DEFENDANT. THE SENTENCING JUDGE SHALL RETAIN JURISDIC- TION FOR ADDITIONAL MATTERS PERTAINING TO THE CASE. S 2. This act shall take effect on the sixtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03722-02-3