Relates to permissible conditions the court may impose in connection with an adjournment in contemplation of dismissal; authorizes the court to order a defendant to participate in an educational program, treatment program or other program related to defendant's rehabilitation or to order a defendant to pay restitution.
Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, 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-Cousin, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the criminal procedure law, in relation to permissible conditions the court may impose in connection with an adjournment in contemplation of dismissal
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure.
This measure would amend section 170.55 of the Criminal Procedure Law to provide courts with greater flexibility to set appropriate conditions when granting an adjournment in contemplation of dismissal.
Currently, when granting an adjournment in contemplation of dismissal, a court may impose conditions in only a few limited circumstances. For instance, it may impose conditions as part of a temporary order of protection (CPL 170.55 (3)), and in connection with a family offense involving domestic violence, the court may require that a defendant participate in an educational program addressing the issues of spousal abuse and family violence (CPL 170.55(4)). For non-family offenses, the court may require a defendant to participate in dispute resolution (CPL 170.55(5)), perform certain types of community service (CPL 170.55(6)) or attend an alcohol awareness program if the defendant is under the age of twenty-one (CPL 170.55(7)). Unfortunately, for cases that do not fall within one of these enumerated circumstances, or for defendants who are not good candidates for the specific programs set forth in the statute, the court is powerless to craft more appropriate conditions.
We believe it desirable to provide the court and the parties greater leeway to fashion appropriate conditions when granting an adjournment in contemplation of dismissal. This measure will give defendants a better chance of earning a complete dismissal and sealing of the charges, while at the same time promoting public safety and a reduced risk of re-offense. Programs addressing issues of substance abuse, HIV and AIDS awareness, or shoplifting are often used in connection with sentences of probation or conditional discharge, and it is appropriate to use such programs in the context of an adjournment in contemplation of dismissal. We see little benefit in restricting anger management or violence prevention programs to family offenses when they may be equally or more appropriate in non-family offenses. Similarly, alcohol awareness and treatment programs may be as appropriate for defendants who are over twenty-one as those who are underage. This measure would allow courts, with the consent of the parties, to order a defendant to participate in an educational program, treatment program or other program reasonably related to the defendant's rehabilitation. The measure expressly provides that any condition may not be imposed in excess of the length of the adjournment (CPL 170.55(2)).
The measure further provides that a court may order a defendant to pay restitution of the fruits of his or her offense or make reparation of the actual out-of-pocket loss caused by the offense. As a practical
matter, prosecutors often condition an adjournment in contemplation of dismissal on restitution or reparation, yet under current law this must be done outside the parameters of CPL 170.55. Thus, the parties are required to adjourn the matter, often multiple times, until the restitution or reparation is paid. Only then is the court permitted to grant an adjournment in contemplation of dismissal. This inefficient process forces cases to be repeatedly calendared and defendants to return to court until payment is made. Recognizing that some defendants may be unable to afford full restitution or reparation, the measure specifically provides that the court may only order a defendant to pay restitution or reparation in an amount he or she can afford to pay.
This measure, which would have no meaningful fiscal impact on the State, would take effect immediately, and apply to all offenses committed on or after"such effective date.
LEGISLATIVE HISTORY: None. New proposal.
STATE OF NEW YORK ________________________________________________________________________ 6677 IN SENATE March 8, 2012 ___________Introduced by Sen. SALAND -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to permissible conditions the court may impose in connection with an adjournment in contemplation of dismissal THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 8 and 9 of section 170.55 of the criminal procedure law, subdivision 8 as renumbered by chapter 683 of the laws of 1990, are renumbered subdivisions 10 and 11 and two new subdivisions 8 and 9 are added to read as follows: 8. THE COURT MAY, AS A CONDITION OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL, ORDER A DEFENDANT TO PARTICIPATE IN AN EDUCATIONAL PROGRAM, TREATMENT PROGRAM OR OTHER PROGRAM REASONABLY RELATED TO THE DEFENDANT'S REHABILITATION. THE COURT MAY NOT IMPOSE SUCH CONDITIONS IN EXCESS OF THE LENGTH OF THE ADJOURNMENT IN CONTEMPLATION OF DISMISSAL. 9. THE COURT MAY, AS A CONDITION OF AN ADJOURNMENT IN CONTEMPLATION OF DISMISSAL, ORDER A DEFENDANT TO PAY RESTITUTION OF THE FRUITS OF HIS OR HER OFFENSE OR MAKE REPARATION, IN AN AMOUNT HE OR SHE CAN AFFORD TO PAY, OF THE ACTUAL OUT-OF-POCKET LOSS CAUSED BY THE OFFENSE. S 2. This act shall take effect immediately and shall apply to all offenses committed on or after such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14174-01-2