NY State Senate Bill 2011-S5542

Archive: Last Bill Status Via A7930 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 20, 2011	signed chap.177
Jul 08, 2011	delivered to governor
Jun 14, 2011	returned to assembly passed senate 3rd reading cal.1169 substituted for s5542
Jun 14, 2011	substituted by a7930
Jun 13, 2011	ordered to third reading cal.1169
Jun 11, 2011	committee discharged and committed to rules
Jun 01, 2011	referred to codes

Votes

- Jun 14, 2011 - Floor Vote
  A7930
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jun 13, 2011 - Rules Committee Vote
  S5542
  
  22
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 13, 2011
      
      aye (22)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      nay (1)
      
      Parker
      
      aye wr (1)
      
      Saland

co-Sponsors

2011-S5542 (ACTIVE) - Details

See Assembly Version of this Bill:: A7930
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§380.60 & 380.70, add §380.65, CP L; amd §601, Cor L

2011-S5542 (ACTIVE) - Summary

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

2011-S5542 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5542

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

PURPOSE OF BILL:

This bill would clarify that a sentence and commitment or certificate
of conviction, and any order of protection, must be delivered
together with a defendant who receives a sentence of imprisonment, at
the time of his or her delivery to a state or local correctional
institution, or a facility operated by the Office of Children and
Family Services.

SUMMARY OF PROVISIONS:

This bill would make a technical amendment to Criminal Procedure Law
380.60 of the Criminal Procedure Law (CPL), add a new Section 380.65
to the CPL, and make conforming amendments to Section 380.70 of the
CPL and Section 601 of the Correction Law (CL).

EXISTING LAW:

Currently, CPL § 380.60 states 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. In addition, CPL § 380.70, which
deals with sentencing minutes, provides that a certificate of
conviction and any order of protection must be mailed to the
institution to which the defendant is delivered within thirty days
from the date sentence was imposed. CL § 601 provides 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.

STATEMENT IN SUPPORT:

Criminal Procedure Law § 380.60, pertaining to the authority for the
execution of sentence, currently states that a "certificate of
conviction" or a certified copy thereof is 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
document that confers authority to execute the sentence, and that is
routinely delivered to the Department together with the individual
sentenced to state imprisonment, is a "sentence and commitment." As
such, it is appropriate that this section of law be amended to refer
to the correctly titled document.

Criminal Procedure Law § 380.70 accurately sets forth 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 thirty days of the pronouncement of sentence.

As part of the Sentencing Reform Act of 1995 (SRA), it was determined
that the commitment document should contain greater specificity with
regard to the crime for which an individual is being committed.
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. Due to an oversight, however, when the
Legislature adopted the SRA in 1995, this provision of law was
mistakenly inserted into the same section of law that deals with
sentencing minutes, thereby creating the mis-impression that a
commitment, like sentencing minutes, is delivered to the Department
separately from the convicted individual. This error was continued
when the law was subsequently expanded to encompass orders of
protection.

In actuality, the commitment document ("sentence and commitment") must
be included within the packet of documentation delivered together
with the individual being committed to state prison. See CL § 601.
Currently, CPL § 390.60 expressly requires that pre-sentence reports
and related information must be delivered together with the
individual being committed. However, the CPL contains no comparable
requirement that the sentence of commitment and any order of
protection be delivered together with such individual. For
clarification purposes, it is appropriate that a comparable provision
of law be created to separately cover the delivery of a sentence and
commitment or certificate of conviction, and any order of protection,
together with the defendant. The timely receipt of an order of
protection is particularly important in the case of domestic violence
victims.

Lastly, for purposes of uniformity and consistency, it is appropriate
that CL § 601 be amended to indicate that the official document being
delivered together with a defendant is a "sentence and commitment"
or certificate of conviction, or certified copy thereof.

PRIOR LEGISLATIVE HISTORY:

This bill was delivered to the Legislature in 2010 and introduced as
S.5517/A.7951.  It did not advance beyond the Codes Committee in
either House.

BUDGETARY IMPLICATIONS:

None.

EFFECTIVE DATE:

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

2011-S5542 (ACTIVE) - Bill Text download pdf

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

                                  5542

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 1, 2011
                               ___________

Introduced  by  Sens.  SALAND, ADAMS -- (at request of the Department of
  Corrections and Community  Supervision)  --  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, 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

S. 5542                             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-

S. 5542                             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.

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Senate Bill S5542

Sponsored By

Archive: Last Bill Status Via A7930 - Signed by Governor

Jun 14, 2011 - Floor Vote

Floor Vote: Jun 14, 2011

Jun 13, 2011 - Rules Committee Vote

Rules Committee Vote: Jun 13, 2011

co-Sponsors

2011-S5542 (ACTIVE) - Details

2011-S5542 (ACTIVE) - Summary

2011-S5542 (ACTIVE) - Sponsor Memo

2011-S5542 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5542

Share this bill

Sponsored By

Stephen M. Saland

Archive: Last Bill Status Via A7930 - Signed by Governor

co-Sponsors

Eric Adams

2011-S5542 (ACTIVE) - Details

2011-S5542 (ACTIVE) - Summary

2011-S5542 (ACTIVE) - Sponsor Memo

2011-S5542 (ACTIVE) - Bill Text download pdf

Comments