New York S 10443: Broadens the court's discretion to use extended terms of interim probation on consent of the defendant to avoid incarceratory outcomes

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S10443 Summary:

BILL NOS10443 

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SAME ASSAME AS A11383

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SPONSORMYRIE

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COSPNSR

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MLTSPNSR

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Amd §390.30, CP L

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Broadens the court's discretion to use extended terms of interim probation on consent of the defendant to avoid incarceratory outcomes.

Go to top S10443 Actions:

BILL NOS10443 

&nbsp

05/15/2026REFERRED TO CODES

06/04/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

06/04/2026ORDERED TO THIRD READING CAL.1767

06/04/2026PASSED SENATE

06/04/2026DELIVERED TO ASSEMBLY

06/04/2026referred to codes

Go to topS10443 Committee&nbspVotes:

Go to topS10443 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10443 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10443

 IN SENATE

 May 15, 2026
 ___________

 Introduced by Sen. MYRIE -- (at request of the Unified Court System) --
 read twice and ordered printed, and when printed to be committed to
 the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to broadening
 the court's discretion to use extended terms of interim probation on
 consent of the defendant to avoid incarceratory outcomes

 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 not exceeding one year from the date the
 10 conviction is entered[, except that]. Notwithstanding any other
 11 provision of law to the contrary, upon good cause shown, and after
 12 further consultation with the prosecutor and with the defendant's
 13 consent, the court may[, upon the defendant's consent,] extend the peri-
 14 od of interim probation for [an] two additional one year periods where
 15 the defendant [has agreed to and] is still participating in a treatment
 16 program in connection with [a court designated] a treatment, diversion,
 17 alternatives to incarceration, or other problem-solving court [by] so
 18 designated by the chief administrator of the courts or has otherwise
 19 been subject to interim probation supervision as part of a court-ordered
 20 conditional plea agreement. When ordering that the defendant be placed
 21 on interim probation supervision, the court shall impose all of the
 22 conditions relating to supervision specified in subdivision three of
 23 section 65.10 of the penal law and the court may impose any or all of
 24 the conditions relating to conduct and rehabilitation specified in
 25 subdivisions two, four, five and five-a of section 65.10 of such law.
 26 The defendant must receive a written copy of any such conditions at the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14937-01-6

 S. 10443 2

 1 time [he or she] such defendant is placed on interim probation super-
 2 vision. The defendant's record of compliance with such conditions, as
 3 well as any other relevant information, shall be included in the presen-
 4 tence report, or updated presentence report, prepared pursuant to this
 5 section, and the court must consider such record and information when
 6 pronouncing sentence. If a defendant satisfactorily completes a term of
 7 interim probation supervision, [he or she] such defendant shall receive
 8 credit for the time served under the period of interim probation super-
 9 vision toward any probation sentence that is subsequently imposed in
 10 that case.
 11 § 2. This act shall take effect on the sixtieth day after it shall
 12 have become a law.

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