S T A T E   O F   N E W   Y O R K
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                                  8026

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2015
                               ___________

Introduced by M. of A. TENNEY -- 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:

  Section  1.  Paragraph  (a)  of subdivision 6 of section 390.30 of the
criminal procedure law, as separately amended by section 1 of part O and
section 5 of part AAA of chapter 56 of the laws of 2009, is  amended  to
read as follows:
  (a)  In any case where the court determines that a defendant is eligi-
ble for a sentence of probation, the court, after consultation with  the
prosecutor  and  upon  the  consent  of  the  defendant, may adjourn the
sentencing to a specified date and order that the defendant be placed on
interim probation  supervision.  In  no  event  may  the  sentencing  be
adjourned  for a period exceeding one year from the date the [conviction
is entered] DEFENDANT IS PLACED ON INTERIM PROBATION SUPERVISION, except
that upon good cause shown, the court may, upon the defendant's consent,
extend the period for an additional one year  where  the  defendant  has
agreed  to  and  is  still  participating in a substance abuse treatment
program in connection with a court designated a drug court by the  chief
administrator  of the courts. When ordering that the defendant be placed
on interim probation supervision, the court  shall  impose  all  of  the
conditions  relating  to  supervision  specified in subdivision three of
section 65.10 of the penal law and the court may impose any  or  all  of
the  conditions  relating  to  conduct  and  rehabilitation specified in
subdivisions two, four, five and five-a of section 65.10  of  such  law.
The  defendant must receive a written copy of any such conditions at the
time he or she is placed on interim probation supervision.  The  defend-
ant's  record  of  compliance with such conditions, as well as any other
relevant information, shall be included in the  presentence  report,  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03101-01-5
              

A. 8026                             2

updated  presentence  report, prepared pursuant to this section, and the
court  must  consider  such  record  and  information  when  pronouncing
sentence.  If  a  defendant  satisfactorily  completes a term of interim
probation  supervision,  he  or  she  shall  receive credit for the time
served under the period of  interim  probation  supervision  toward  any
probation sentence that is subsequently imposed in that case.
  S 2. This act shall take effect immediately.