S T A T E   O F   N E W   Y O R K
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                                  8395

                          I N  A S S E M B L Y

                            January 13, 2014
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Codes

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation  to terms of probation sentences and revocations thereof; and
  to amend a chapter of the laws of 2013, relating to establishing terms
  of probation sentences and revocations thereof under  certain  circum-
  stances,  as  proposed  in  legislative bills numbers S. 4664-A and A.
  4582-B, in relation to the effectiveness thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 4 of section 65.00 of the penal law, as added
by a chapter of the laws of  2013  relating  to  establishing  terms  of
probation sentences and revocations thereof under certain circumstances,
as  proposed  in  legislative  bills numbers S. 4664-A and A. 4582-B, is
amended to read as follows:
  4. If during the periods of probation referenced in  subparagraph  (i)
of paragraph (a), subparagraph (i) of paragraph (b) and paragraph (d) of
subdivision  three  of  this  section  an alleged violation is sustained
FOLLOWING A HEARING PURSUANT TO SECTION 410.70 OF THE CRIMINAL PROCEDURE
LAW and the court continues or modifies  the  sentence,  the  court  may
extend  the remaining period of probation up to the maximum term author-
ized by this section.   PROVIDED, HOWEVER,  A  DEFENDANT  SHALL  RECEIVE
CREDIT  FOR  THE  TIME  DURING  WHICH HE OR SHE WAS SUPERVISED UNDER THE
ORIGINAL PROBATION SENTENCE PRIOR TO ANY DECLARATION OF DELINQUENCY  AND
FOR  ANY  TIME  SPENT IN CUSTODY PURSUANT TO THIS ARTICLE FOR AN ALLEGED
VIOLATION OF PROBATION.
  S 2. Subdivision 1 of section 410.70 of the criminal procedure law  is
amended to read as follows:
  1.  In  general. The court may not revoke a sentence of probation or a
sentence of conditional discharge, OR  EXTEND  A  PERIOD  OF  PROBATION,
unless  (a) the court has found that the defendant has violated a condi-
tion of the sentence and (b) the defendant has had an opportunity to  be
heard  PURSUANT TO THIS SECTION.  The defendant is entitled to a hearing
in accordance with this section promptly after the  court  has  filed  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13481-01-4

A. 8395                             2

declaration of delinquency or has committed him or has fixed bail pursu-
ant to this article.
  S 3. Subdivision 5 of section 410.70 of the criminal procedure law, as
amended  by a chapter of the laws of 2013 relating to establishing terms
of probation sentences and revocations  thereof  under  certain  circum-
stances,  as  proposed  in  legislative  bills  numbers S. 4664-A and A.
4582-B, is amended to read as follows:
  5. Revocation; modification; continuation. At the  conclusion  of  the
hearing  the  court  may  revoke,  continue  or  modify  the sentence of
probation  or  conditional  discharge.  Where  the  court  revokes   the
sentence, it must impose sentence as specified in subdivisions three and
four  of  section  60.01  of the penal law. Where the court continues or
modifies the sentence, it must vacate the declaration of delinquency and
direct that the defendant be  released.  If  the  alleged  violation  is
sustained  and  the  court  continues  or  modifies the sentence, it may
extend the sentence up to the period of interruption specified in subdi-
vision two of section 65.15 of the penal law,  but  any  time  spent  in
custody  in  any  correctional institution pursuant to section 410.60 of
this article shall  be  credited  against  the  term  of  the  sentence.
Provided further, where the alleged violation is sustained and the court
continues  or  modifies  the  sentence,  the  court  may also extend the
remaining period of probation up  to  the  maximum  term  authorized  by
section  65.00  of  the penal law.  PROVIDED, HOWEVER, A DEFENDANT SHALL
RECEIVE CREDIT FOR THE TIME DURING WHICH HE OR SHE WAS SUPERVISED  UNDER
THE  ORIGINAL PROBATION SENTENCE PRIOR TO ANY DECLARATION OF DELINQUENCY
AND FOR ANY TIME SPENT IN  CUSTODY  PURSUANT  TO  THIS  ARTICLE  FOR  AN
ALLEGED VIOLATION OF PROBATION.
  S 4. Section 7 of a chapter of the laws of 2013 relating to establish-
ing  terms  of probation sentences and revocations thereof under certain
circumstances, as proposed in legislative bills numbers S. 4664-A and A.
4582-B, is amended to read as follows:
  S 7. This act shall take effect [immediately]  ON  THE  THIRTIETH  DAY
AFTER  IT  SHALL HAVE BECOME A LAW; provided, however, that sections one
through five of this act shall apply to offenses committed on  or  after
the  date  this  act  shall  have  become a law, and shall also apply to
offenses committed before such date, where the sentence upon  conviction
for  such  offense has not yet been imposed; and provided, further, that
section six of this act shall take effect on the ninetieth day after  it
shall have become a law.
  S  5.  This  act  shall  take  effect on the same date and in the same
manner as a chapter of the laws of 2013, relating to establishing  terms
of  probation  sentences  and  revocations thereof under certain circum-
stances, as proposed in legislative  bills  numbers  S.  4664-A  and  A.
4582-B, as amended, takes effect.