New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A07128 Summary:

A07128 Actions:

A07128 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:04/30/2019AYE/NAY:20/0  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Excused
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Excused
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/30/2019AYE/NAY:29/2  Action: Favorable         
Weinstein
Aye
Barclay
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Fitzpatrick
Aye
Gantt
Excused
Hawley
Nay
Glick
Aye
Malliotakis
Nay
Nolan
Excused
Montesano
Excused
Pretlow
Aye
Ra
Aye
Perry
Aye
Blankenbush
Aye
Colton
Aye
Palmesano
Aye
Cook
Aye
Norris
Aye
Cahill
Aye
Aubry
Aye
Thiele
Aye
Cusick
Excused
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye

A07128 Floor Votes:

A07128 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A7128
 
SPONSOR: Paulin

 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to treatment programs and treatment court during interim
probation supervision
 
 
PURPOSE:
 
To extend the two year exception for interim probation period to a
defendant in any type of treatment program supervised by any treatment
court.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1 of the bill amends section 390.30(6) (a) of the New York State
Criminal Procedure Law to create a two year interim probation period for
any treatment program supervised by any treatment court.
 
Section 2 provides the effective date.
 
 
JUSTIFICATION:
 
In New York State Criminal Procedure Law (CPL), interim probation is an
option that is permitted in the pre-sentence period. CPL Article 390
authorizes an interim probation period between the date of the plea and
the date of the sentencing for a one year time period, but the statute
explicitly creates an exception of a two year period only in cases where
the defendant is in a substance abuse treatment program that is super-
vised by a drug court.
 
This bill seeks to expand the interim probation exception so that any
treatment program supervised by any treatment court can have up to two
years of interim probation. For example, under current law, a mental
health treatment program supervised by a Mental Health Court or a veter-
an's treatment program supervised by a Veterans' Court can only be part
of the interim probation for one year, but under this bill, the interim
probation period could last for two years.  It would benefit a partic-
ipant in a mental health treatment program to have an additional year of
interim probation, because then there would be a continuation of
resources, which would be more stable for the participant and more effi-
cient in terms of delivery of services. Veterans treatment tracks often
assist veterans in getting treatment for substance abuse and PTSD and
provides support services tackling unemployment, homelessness, and
re-adjustment to civilian life. In addition, peer mentors are offered,
volunteer veterans who help their fellow veterans to stay on track with
their program.  If a participant would require additional time for
treatment, the participant could no longer be prevented from receiving
such treatment under an interim probation program.
 
Westchester's new hub court system provides non-violent offenders and
military veterans throughout the county the opportunity to receive the
help they need and to avoid a criminal record which would prevent them
from moving forward with their lives. This program has been successful
in the larger cities in the county, reducing incarceration and recidiv-
ism rates. The interim probation provisions set out in the Criminal
Procedure Law could provide additional help to these courts, which as
hub courts, have jurisdiction to help many people who have specific,
specialized needs.
In conclusion, the New York Legislature should take this step because
this is another tool in the law enforcement toolbox that allows a
defendant the opportunity to undergo a necessary treatment program for
additional time, if needed. By extending the time of interim probation
to two years, the treatment courts will have more flexibility to meet
the needs of the defendants before them and to more efficiently treat
their complicated issues.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A07128 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7128
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 10, 2019
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to  amend  the criminal procedure law, in relation to treatment
          programs and treatment court during interim probation supervision
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (a)  of subdivision 6 of section 390.30 of the
     2  criminal procedure law, as separately amended by section 1 of part O and
     3  section 5 of part AAA of chapter 56 of the laws of 2009, is  amended  to
     4  read as follows:
     5    (a)  In any case where the court determines that a defendant is eligi-
     6  ble for a sentence of probation, the court, after consultation with  the
     7  prosecutor  and  upon  the  consent  of  the  defendant, may adjourn the
     8  sentencing to a specified date and order that the defendant be placed on
     9  interim probation  supervision.  In  no  event  may  the  sentencing  be
    10  adjourned  for  a period exceeding one year from the date the conviction
    11  is entered, except that upon good cause shown, the court may,  upon  the
    12  defendant's  consent, extend the period for an additional one year where
    13  the defendant has agreed to and is still participating in  a  [substance
    14  abuse]  treatment program in connection with a court designated a [drug]
    15  treatment court by the chief administrator of the courts. When  ordering
    16  that the defendant be placed on interim probation supervision, the court
    17  shall  impose all of the conditions relating to supervision specified in
    18  subdivision three of section 65.10 of the penal law and  the  court  may
    19  impose  any  or  all of the conditions relating to conduct and rehabili-
    20  tation specified in subdivisions two, four, five and five-a  of  section
    21  65.10 of such law. The defendant must receive a written copy of any such
    22  conditions  at  the time he or she is placed on interim probation super-
    23  vision. The defendant's record of compliance with  such  conditions,  as
    24  well as any other relevant information, shall be included in the presen-
    25  tence  report,  or updated presentence report, prepared pursuant to this
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11010-01-9
        A. 7128                             2
 
     1  section, and the court must consider such record  and  information  when
     2  pronouncing  sentence. If a defendant satisfactorily completes a term of
     3  interim probation supervision, he or she shall receive  credit  for  the
     4  time served under the period of interim probation supervision toward any
     5  probation sentence that is subsequently imposed in that case.
     6    §  2.  This  act  shall take effect on the sixtieth day after it shall
     7  have become a law.

A07128 LFIN:

 
NO LFIN

A07128 Chamber Video/Transcript: