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S07190 Summary:

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S07190 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7190--A
            Cal. No. 940
 
                    IN SENATE
 
                                       May 1, 2012
                                       ___________
 
        Introduced  by  Sens.  RANZENHOFER,  GALLIVAN  -- read twice and ordered
          printed, and when printed to be committed to the Committee on Codes --
          reported favorably from  said  committee,  ordered  to  first  report,
          amended  on  first  report,  ordered  to  a  second report and ordered
          reprinted, retaining its place in the order of second report
 

        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:
 
     1    Section 1. Subdivisions 1 and 2 of  section  410.80  of  the  criminal
     2  procedure law, subdivision 1 as amended by section 51 of part A of chap-
     3  ter  56  of the laws of 2010 and subdivision 2 as amended by chapter 191
     4  of the laws of 2007, are amended to read as follows:
     5    1. Authority to transfer supervision. Where a probationer at the  time
     6  of sentencing or an interim probationer at the time of the imposition of
     7  the period of interim probation supervision resides in another jurisdic-
     8  tion  within  the state, the sentencing court shall transfer supervision

     9  to the appropriate probation  department  in  such  other  jurisdiction.
    10  Where,  after  a  probation sentence or interim probation supervision is
    11  pronounced, a probationer or interim probationer desires  to  reside  in
    12  another jurisdiction within the state that is not served by the sentenc-
    13  ing  court, such court, in its discretion, may approve a change in resi-
    14  dency and, upon approval, shall transfer supervision to the  appropriate
    15  probation  department  serving  the county of the probationer's proposed
    16  new residence. Any transfer under this subdivision must be in accordance
    17  with rules adopted by the  commissioner  of  the  division  of  criminal
    18  justice services.
    19    2. Transfer of powers. (a) Upon completion of transfer of probation as
    20  authorized  pursuant to subdivision one, the probation department in the

    21  receiving jurisdiction  shall  assume  all  powers  and  duties  of  the
    22  probation  department  in the jurisdiction of the sentencing court. Upon
    23  completion of transfer, the appropriate court within the jurisdiction of
    24  the receiving probation department shall assume all powers and duties of
    25  the sentencing court and  shall  have  sole  jurisdiction  in  the  case
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15496-02-2
        S. 7190--A                          2
 
     1  including jurisdiction over matters specified in article twenty-three of
     2  the  correction  law.  Further,  the  sentencing court shall immediately
     3  forward its entire case record to the receiving court.

     4    (i)  In  transfers  involving  a defendant sentenced to probation upon
     5  conviction of a felony, the receiving  court  served  by  the  probation
     6  department  to  which  supervision  is transferred shall be the superior
     7  court within the jurisdiction of the probation department.
     8    (ii) In transfers involving a defendant sentenced  to  probation  upon
     9  conviction of a misdemeanor, the receiving court served by the probation
    10  department  to which supervision is transferred shall be the appropriate
    11  criminal court within the jurisdiction of the probation department.  The
    12  sending probation department shall consult with the probation department
    13  to  which  supervision  will be transferred to determine the appropriate
    14  criminal court to receive the case.
    15    (b) Where  a  transfer  is  authorized  for  a  defendant  on  interim

    16  probation  supervision  pursuant to subdivision one of this section, the
    17  sentencing court shall retain jurisdiction during the period of  interim
    18  probation.    The  probation  department in the receiving   jurisdiction
    19  shall assume all powers and duties of the original probation  department
    20  in the jurisdiction of the sentencing court.
    21    § 2. Subdivision 8 of section 216.05 of the criminal procedure law, as
    22  added  by  section  4  of part AAA of chapter 56 of the laws of 2009, is
    23  amended to read as follows:
    24    8.  During the period of a defendant's participation in  the  judicial
    25  diversion program, the court shall retain jurisdiction of the defendant,
    26  provided,  however, that the court may allow such defendant to reside in

    27  another jurisdiction while participating in a judicial diversion program
    28  under conditions set by the court and agreed to by the defendant  pursu-
    29  ant to subdivisions five and six of this section.  The court may require
    30  the  defendant  to  appear  in  court at any time to enable the court to
    31  monitor the defendant's progress in alcohol or  substance  abuse  treat-
    32  ment.  The  court  shall  provide  notice,  reasonable under the circum-
    33  stances, to the people, the treatment provider, the  defendant  and  the
    34  defendant's counsel whenever it orders or otherwise requires the appear-
    35  ance  of  the  defendant in court. Failure to appear as required without
    36  reasonable cause therefor shall constitute a violation of the conditions
    37  of the court's agreement with the defendant.
    38    § 3. This act shall take effect immediately.