Authorizes the transfer of interim probation supervision where the defendant moves to or lives in another county; provides that sentencing court retains jurisdiction; applies to judicial diversion.
Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, 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, Storobin, Valesky, Young, Zeldin
Excused (3): Espaillat, Huntley, Krueger
TITLE OF BILL: An act to amend the criminal procedure law, in relation to authorizing the transfer of interim probation supervision
SUMMARY OF PROVISIONS: This bill would allow courts to issue interim probation to persons who do not reside within the county in which the court is located.
Section 1 - amends subdivisions 1 and 2 of section 410.80 of the Criminal Procedure Law to permit the authority to transfer supervision of interim probation to the probation department of another jurisdiction within New York State. A new section (c) is added to subdivision 1 to provide that where the transfer is authorized for interim probation supervision, the sentencing court shall retain jurisdiction during the period of interim probation.
Section 2 - amends subdivision 8 of section 216.05 of the Criminal Procedure Law to add a new section (b) which provides that where the defendant resides in another jurisdiction within the state during his or her participation in the judicial diversion program, the sentencing court shall transfer supervision to the appropriate probation department in such jurisdiction. Where, after the start of the judicial diversion program, the defendant desires to reside in another jurisdiction within the state that is not served by the court authorizing the judicial diversion program, such court, in its discretion, may approve a change in residency and, upon approval, shall transfer supervision to the appropriate probation department serving the county of the defendant's proposed new residence. Any transfer under this subdivision must be in accordance with rules adopted by the Commissioner of the Division of Criminal Justice Services. Finally the section provides that the court shall retain jurisdiction of the defendant.
Section 3 - provides that this act shall take effect immediately.
PURPOSE AND JUSTIFICATION: Many local courts, with the consent of the district attorney, offer interim probation, often in connection with a substance treatment program. Unfortunately, while courts can offer interim probation and drug treatment diversion programs for residents of the county in which the court is located, they are currently unable to offer the same disposition to defendants who reside in other counties. Interim probation, which requires defendants to meet certain requirements, often including drug treatment diversion programs, in connection with allowing a reduced plea upon successful completion of the interim probation, can be a valuable educational and treatment tool. This bill will allow courts to offer defendants, when appropriate, the same plea options without regard to whether they reside in the same county as the court.
EXISTING LAW: Criminal Procedure Law section 410.80 relates to the transfer supervision of regular probation. Criminal Procedure Law section 216.05 relates to judicial diversion programs.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7190 IN SENATE May 1, 2012 ___________Introduced by Sen. RANZENHOFER -- 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 authorizing the transfer of interim probation supervision THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1 and 2 of section 410.80 of the criminal procedure law, subdivision 1 as amended by section 51 of part A of chap- ter 56 of the laws of 2010 and subdivision 2 as amended by chapter 191 of the laws of 2007, are amended to read as follows: 1. Authority to transfer supervision. Where a probationer OR INTERIM PROBATIONER at the time of sentencing resides in another jurisdiction within the state, the sentencing court shall transfer supervision to the appropriate probation department in such other jurisdiction. Where, after a probation sentence OR INTERIM PROBATION SUPERVISION is pronounced, a probationer OR INTERIM PROBATIONER desires to reside in another jurisdiction within the state that is not served by the sentenc- ing court, such court, in its discretion, may approve a change in resi- dency and, upon approval, shall transfer supervision to the appropriate probation department serving the county of the probationer's proposed new residence. Any transfer under this subdivision must be in accordance with rules adopted by the commissioner of the division of criminal justice services. 2. Transfer of powers. (A) Upon completion of transfer OF PROBATION as authorized pursuant to subdivision one, the probation department in the receiving jurisdiction shall assume all powers and duties of the probation department in the jurisdiction of the sentencing court. Upon completion of transfer, the appropriate court within the jurisdiction of the receiving probation department shall assume all powers and duties of the sentencing court and shall have sole jurisdiction in the case including jurisdiction over matters specified in article twenty-three of the correction law. Further, the sentencing court shall immediately forward its entire case record to the receiving court.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15496-01-2 S. 7190 2
(B) In transfers involving a defendant sentenced to probation upon conviction of a felony, the court served by the probation department to which supervision is transferred shall be the superior court within the jurisdiction of the probation department. In transfers involving a defendant sentenced to probation upon conviction of a misdemeanor, the receiving court served by the probation department to which supervision is transferred shall be the appropriate criminal court within the juris- diction of the probation department. The sending probation department shall consult with the probation department to which supervision will be transferred to determine the appropriate criminal court to receive the case. (C) WHERE THE TRANSFER IS AUTHORIZED FOR INTERIM PROBATION SUPER- VISION, PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE SENTENCING COURT SHALL RETAIN JURISDICTION DURING THE PERIOD OF INTERIM PROBATION OF SUCH PROBATIONER. S 2. Subdivision 8 of section 216.05 of the criminal procedure law, as added by section 4 of part AAA of chapter 56 of the laws of 2009, is amended to read as follows: 8. (A) During the period of a defendant's participation in the judi- cial diversion program, the court shall retain jurisdiction of the defendant. The court may require the defendant to appear in court at any time to enable the court to monitor the defendant's progress in alcohol or substance abuse treatment. The court shall provide notice, reasonable under the circumstances, to the people, the treatment provid- er, the defendant and the defendant's counsel whenever it orders or otherwise requires the appearance of the defendant in court. Failure to appear as required without reasonable cause therefor shall constitute a violation of the conditions of the court's agreement with the defendant. (B) WHERE THE DEFENDANT RESIDES IN ANOTHER JURISDICTION WITHIN THE STATE DURING HIS OR HER PARTICIPATION IN THE JUDICIAL DIVERSION PROGRAM, THE SENTENCING COURT SHALL TRANSFER SUPERVISION TO THE APPROPRIATE PROBATION DEPARTMENT IN SUCH OTHER JURISDICTION. WHERE, AFTER THE START OF THE JUDICIAL DIVERSION PROGRAM, THE DEFENDANT DESIRES TO RESIDE IN ANOTHER JURISDICTION WITHIN THE STATE THAT IS NOT SERVED BY THE COURT AUTHORIZING THE JUDICIAL DIVERSION PROGRAM, SUCH COURT, IN ITS DISCRETION, MAY APPROVE A CHANGE IN RESIDENCY AND, UPON APPROVAL, SHALL TRANSFER SUPERVISION TO THE APPROPRIATE PROBATION DEPARTMENT SERVING THE COUNTY OF THE DEFENDANT'S PROPOSED NEW RESIDENCE. ANY TRANSFER UNDER THIS SUBDIVISION MUST BE IN ACCORDANCE WITH RULES ADOPTED BY THE COMMIS- SIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES. AS ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL RETAIN JURISDICTION OF THE DEFENDANT. S 3. This act shall take effect immediately.