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A04835 Summary:

COSPNSRDeStefano, Salka, Durso
Amd §390.30, CP L
Permits adjournment of sentencing for a period of one year from the date a defendant is placed on interim probation supervision.
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A04835 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    February 8, 2021
        Introduced  by  M.  of  A.  B. MILLER  --  read once and referred to the
          Committee on Codes
        AN ACT to amend the criminal  procedure  law,  in  relation  to  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 amended by chapter 279 of the laws of 2019,
     3  is amended to read as follows:
     4    (a) In any case where the court determines that a defendant is  eligi-
     5  ble  for a sentence of probation, the court, after consultation with the
     6  prosecutor and upon the  consent  of  the  defendant,  may  adjourn  the
     7  sentencing to a specified date and order that the defendant be placed on
     8  interim  probation  supervision.  In  no  event  may  the  sentencing be
     9  adjourned for a period exceeding one year from the date the  [conviction
    10  is entered] defendant is placed on interim probation supervision, except
    11  that upon good cause shown, the court may, upon the defendant's consent,
    12  extend  the  period  for  an additional one year where the defendant has
    13  agreed  to  and  is  still  participating  in  a  treatment  program  in
    14  connection with a court designated a treatment court by the chief admin-
    15  istrator  of  the courts.  When ordering that the defendant be placed on
    16  interim probation supervision, the court shall impose all of the  condi-
    17  tions  relating to supervision specified in subdivision three of section
    18  65.10 of the penal law and the court may impose any or all of the condi-
    19  tions relating to conduct and rehabilitation specified  in  subdivisions
    20  two,  four,  five and five-a of section 65.10 of such law. The defendant
    21  must receive a written copy of any such conditions at the time he or she
    22  is placed on interim probation supervision. The  defendant's  record  of
    23  compliance  with such conditions, as well as any other relevant informa-
    24  tion, shall be included in the presentence report,  or  updated  presen-
    25  tence  report,  prepared  pursuant  to  this section, and the court must
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4835                             2
     1  consider such record and information when  pronouncing  sentence.  If  a
     2  defendant  satisfactorily  completes  a term of interim probation super-
     3  vision, he or she shall receive credit for the  time  served  under  the
     4  period  of  interim  probation supervision toward any probation sentence
     5  that is subsequently imposed in that case.
     6    § 2. This act shall take effect immediately.
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