Relates to the use of pre-sentence investigation reports

BILL NUMBER:S1955

Title of bill

An act to amend the criminal procedure law, in relation to the use of pre-sentence investigation reports

Summary

This bill would add a new subdivision five to section 390.20 of the Criminal Procedure Law to provide that whenever a criminal court imposes a sentence upon a criminal offender which deviates from the recommended sentence contained in the criminal defender's pre-sentence report, the court would be required to state on the record the reasons for such deviation.

Justification

At present, a sentencing judge may impose a sentence upon convicted criminals which deviates from the sentence recommended by the Probation Department without the need to explain such deviation. Often, the court sentences an individual to probation when incarceration is recommended by the probation officer. Judges should explain their reasons for doing so on the record, to ensure the victims, their families, prosecutors and members of the public why these recommendations are not being followed. This bill would accomplish this by requiring judges to state their reason(s) for not following the Probation Department's recommendation, on the record.

Fiscal implication

None.

Effective date

This act shall take effect on the first day of the calendar month next succeeding the sixtieth day it shall have become a law.