ALBANY, N.Y., Feb 1 (Reuters) - Defense attorneys, probation officials and judges are applauding a proposal by Gov. Andrew Cuomo to make New York's rigid probation sentencing laws more flexible.

The bill, which is part of the state budget proposal unveiled last month by Cuomo, would allow for sentences of three to five years for most felony convictions, instead of the current mandatory sentence of five years; and two to three years for Class A and unclassified misdemeanors, instead of the mandatory three years.

"The current probation terms do not reflect that all felonies and misdemeanors are not deserving of the same punishment, nor are offenders convicted of these crimes in need of the same period of supervision," Cuomo's office wrote in a memo accompanying the bill.

Cuomo said in a speech unveiling his budget that the proposal is designed to give judges more latitude in handing out probation while ensuring sentences are not excessive, as well as to save precious resources for county probation departments, which have lost millions of dollars in state funding in recent years.

Defense attorneys praised the governor's bill for vesting more sentencing power in judges.

"Probation is a punishment, and judges should be able to decide if more or less is appropriate for a particular defendant," said Richard Willstatter, the president of the state Association of Criminal Defense Lawyers and a partner at Green & Willstatter.

The bill would also allow for the detention of alleged probation violators for up to 48 hours if a judge is not available to issue a warrant. Willstatter said his group has identified potential due-process issues with that piece of the proposal, but declined to comment further because he had not yet had time to analyze it.

'VERY SMART THINKING'

The state judiciary is likely to support the bill, according to Barry Kamins, the chief administrative judge of the New York City criminal courts, because it's "an example of very smart thinking in adjusting the law to fit current sentencing philosophy."

"Anything that allows judges to tailor the sentence to fit the individual defendant is a positive," Kamins said.

Probation officials also praised the measure for giving more latitude to judges and for recognizing that, for example, cooperative felony probationers may not require a full five years of supervision.

Cuomo expects the measure to save counties $15.8 million annually for misdemeanors beginning three years after the law takes effect, and $10.6 million per year for felonies after five years, according to Morris Peters, a spokesman for the governor's Budget Division. He said the numbers are based on "conservative estimates for the number of reduced sentences and the average cost of supervision."

The bill's memo says it is "necessary" to implement Cuomo's spending plan, which slightly reduces overall spending and closes a $2 billion deficit.

As a cost-saving measure, however, the proposal may fall short, according to Westchester County Probation Commissioner Rocco Pozzi, since probation officers typically do their most intensive work during the first year of a probationer's sentence.

"It can't hurt and it could help, but it's not going to be huge mandate relief," said Pozzi, a past president of the state Council of Probation Administrators and the National Association of Probation Executives.

MULTIPLE CRIMINAL JUSTICE MEASURES

Cuomo's budget includes a handful of additional criminal justice measures.

One would expand the state's criminal DNA database, which currently holds DNA samples from those convicted of most felonies and some violent misdemeanors, to include all crimes under the state's penal law. The governor and supporters, including prosecutors and law enforcement officials, say the proposal would make it easier to prove guilt and to exonerate the innocent. But some critics say DNA technology is fallible, and that an expansion of the database could put greater emphasis on DNA monitoring than on traditional police work. The Republican-led Senate passed the bill on Tuesday, but Assembly leaders said they want the proposal to include greater access to the database for criminal defendants.

The governor also wants to give criminal courts the authority to order the forfeiture of money earned in the commission of a crime. Currently, those convicted of misdemeanors are allowed to keep money they reap from their crimes; prosecutors must sue those convicted of felonies to recoup any criminal profits. In 2008, according to Cuomo's office, the NYPD was forced to return more than $4 million to defendants who were convicted of misdemeanors, including trademark counterfeiting and gambling. The bill would also be a boon to district attorneys, who would receive 35 percent of all forfeited money, instead of the current 27 percent.

Cuomo's probation bill would have an impact on prosecutors, who frequently use probation as a bargaining chip for plea deals. A spokesman for Westchester County District Attorney Janet DiFiore, the president of the state District Attorneys Association, declined to comment, saying prosecutors are still studying Cuomo's proposal.

A spokeswoman for the state Division of Criminal Justice Services, which includes the Office of Probation and Correctional Alternatives, also declined to comment, deferring to the governor's office.

The bill would take effect immediately upon being signed into law, and would apply only to offenses committed on or after the effective date.

(Reporting by Dan Wiessner)

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(Adds savings estimates from Cuomo's office)