Bill S6346-2013

Relates to probation sentences and the revocation thereof

Relates to probation sentences and the revocation thereof.

Details

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  • Law:

Actions

  • Mar 17, 2014: SIGNED CHAP.17
  • Mar 12, 2014: DELIVERED TO GOVERNOR
  • Feb 10, 2014: returned to senate
  • Feb 10, 2014: passed assembly
  • Feb 10, 2014: ordered to third reading cal.409
  • Feb 10, 2014: substituted for a8395
  • Jan 28, 2014: referred to codes
  • Jan 28, 2014: DELIVERED TO ASSEMBLY
  • Jan 28, 2014: PASSED SENATE
  • Jan 23, 2014: ORDERED TO THIRD READING CAL.54
  • Jan 17, 2014: REFERRED TO RULES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Rules - Jan 23, 2014
Ayes (22): Skelos, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Krueger, Parker, Perkins, Espaillat, Gianaris
Ayes W/R (1): Montgomery
Excused (1): Libous

Memo

BILL NUMBER:S6346

TITLE OF BILL: An act to amend the penal law and the criminal procedure law, in relation to terms of probation sentences and revocations thereof; and to amend a chapter of the laws of 2013, relating to establishing terms of probation sentences and revocations thereof under certain circumstances, as proposed in legislative bills numbers S. 4664-A and A. 4582-B, in relation to the effectiveness thereof

SUMMARY OF PROVISIONS: Excerpt from Governor's approval message:

"This bill gives judges greater discretion in determining the length of a probationary sentence for certain felony and misdemeanor offenses. It will improve public safety by enabling probation departments to more efficiently and effectively provide supervision to probationers who need it, rather than expending supervision resources on low risk offenders who may not require supervision for such a lengthy period of time.

However, the bill does not make it clear that before a court modifies a sentence by lengthening it, should that be necessary, it must afford a defendant due process. Nor does the bill make it clear that if a probation term is so extended, an offender must receive credit for any time he or she spent under supervision or while incarcerated for an alleged violation of probation. To ensure that this initiative is properly implemented, the Legislature has agreed to a chapter amendment to clarify these issues, and also has agreed to extend the effective date of this bill, and on that basis, I am signing it."

JUSTIFICATION: S 4664-A has become law chapter 556 memo 18, of the laws of 2013. This legislation makes modifications that have been agreed to by the Governor and the Senate and Assembly as outlined above

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as a chapter of the laws of 2013, relating to establishing terms of probation sentences and revocations thereof under certain circumstances, as proposed in legislative bills numbers S.4664-A and A.4582-B, as amended, takes effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 6346 IN SENATE January 17, 2014 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law and the criminal procedure law, in relation to terms of probation sentences and revocations thereof; and to amend a chapter of the laws of 2013, relating to establishing terms of probation sentences and revocations thereof under certain circum- stances, as proposed in legislative bills numbers S. 4664-A and A. 4582-B, in relation to the effectiveness thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 65.00 of the penal law, as added by a chapter of the laws of 2013 relating to establishing terms of probation sentences and revocations thereof under certain circumstances, as proposed in legislative bills numbers S. 4664-A and A. 4582-B, is amended to read as follows: 4. If during the periods of probation referenced in subparagraph (i) of paragraph (a), subparagraph (i) of paragraph (b) and paragraph (d) of subdivision three of this section an alleged violation is sustained FOLLOWING A HEARING PURSUANT TO SECTION 410.70 OF THE CRIMINAL PROCEDURE LAW and the court continues or modifies the sentence, the court may extend the remaining period of probation up to the maximum term author- ized by this section. PROVIDED, HOWEVER, A DEFENDANT SHALL RECEIVE CREDIT FOR THE TIME DURING WHICH HE OR SHE WAS SUPERVISED UNDER THE ORIGINAL PROBATION SENTENCE PRIOR TO ANY DECLARATION OF DELINQUENCY AND FOR ANY TIME SPENT IN CUSTODY PURSUANT TO THIS ARTICLE FOR AN ALLEGED VIOLATION OF PROBATION. S 2. Subdivision 1 of section 410.70 of the criminal procedure law is amended to read as follows: 1. In general. The court may not revoke a sentence of probation or a sentence of conditional discharge, OR EXTEND A PERIOD OF PROBATION, unless (a) the court has found that the defendant has violated a condi- tion of the sentence and (b) the defendant has had an opportunity to be heard PURSUANT TO THIS SECTION. The defendant is entitled to a hearing in accordance with this section promptly after the court has filed a
declaration of delinquency or has committed him or has fixed bail pursu- ant to this article. S 3. Subdivision 5 of section 410.70 of the criminal procedure law, as amended by a chapter of the laws of 2013 relating to establishing terms of probation sentences and revocations thereof under certain circum- stances, as proposed in legislative bills numbers S. 4664-A and A. 4582-B, is amended to read as follows: 5. Revocation; modification; continuation. At the conclusion of the hearing the court may revoke, continue or modify the sentence of probation or conditional discharge. Where the court revokes the sentence, it must impose sentence as specified in subdivisions three and four of section 60.01 of the penal law. Where the court continues or modifies the sentence, it must vacate the declaration of delinquency and direct that the defendant be released. If the alleged violation is sustained and the court continues or modifies the sentence, it may extend the sentence up to the period of interruption specified in subdi- vision two of section 65.15 of the penal law, but any time spent in custody in any correctional institution pursuant to section 410.60 of this article shall be credited against the term of the sentence. Provided further, where the alleged violation is sustained and the court continues or modifies the sentence, the court may also extend the remaining period of probation up to the maximum term authorized by section 65.00 of the penal law. PROVIDED, HOWEVER, A DEFENDANT SHALL RECEIVE CREDIT FOR THE TIME DURING WHICH HE OR SHE WAS SUPERVISED UNDER THE ORIGINAL PROBATION SENTENCE PRIOR TO ANY DECLARATION OF DELINQUENCY AND FOR ANY TIME SPENT IN CUSTODY PURSUANT TO THIS ARTICLE FOR AN ALLEGED VIOLATION OF PROBATION. S 4. Section 7 of a chapter of the laws of 2013 relating to establish- ing terms of probation sentences and revocations thereof under certain circumstances, as proposed in legislative bills numbers S. 4664-A and A. 4582-B, is amended to read as follows: S 7. This act shall take effect [immediately] ON THE THIRTIETH DAY AFTER IT SHALL HAVE BECOME A LAW; provided, however, that sections one through five of this act shall apply to offenses committed on or after the date this act shall have become a law, and shall also apply to offenses committed before such date, where the sentence upon conviction for such offense has not yet been imposed; and provided, further, that section six of this act shall take effect on the ninetieth day after it shall have become a law. S 5. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2013, relating to establishing terms of probation sentences and revocations thereof under certain circum- stances, as proposed in legislative bills numbers S. 4664-A and A. 4582-B, as amended, takes effect.

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