Removes the requirement of a pre-sentence investigation when a negotiated sentence of imprisonment has been agreed upon and there will be no sentence of probation imposed

Subdivision 4 of CPL § 390.20, addressing waiver of a PSR or a PSI, would be amended by section 3 of the bill to provide that where a PSI or PSR is required by CPL § 390.20(1), it can be waived by mutual consent of the parties and the judge if a sentence of probation has been agreed upon or if such a report has been prepared during the previous twelve-month period. The prescription against allowing waiver of a PSI or PSR where an indeterminate or determinate sentence has been imposed, in effect until September 1, 2011 and found in the closing paragraph of CPL § 390.20(4)(a), would be eliminated. Finally, section 4 of the bill would repeal the provisions of such closing paragraph of CPL § 390.20(4)(a) that go back into effect on September 1, 2011, with the result that waiver of the PSI would be allowed under circumstances where an indeterminate sentence has been imposed.

Reasons for support

The City proposes to eliminate the costly requirement of Pre-Sentence Investigations (PSIs) and related written reports where they would serve no useful purpose. In New York City, there are approximately 110 probation officers and supervisors dedicated to conducting such PSIs, but in nearly two-thirds of these cases, the defendant does not end up under Department of Probation (DOP) supervision.

Currently, probation departments are required to conduct PSIs and a written report on all defendants convicted in felony cases. The proposed legislation would amend Criminal Procedure Law (CPL) § 390.20 to require PSIs for all felony cases, except where a negotiated sentence of imprisonment has been reached as a result of a felony conviction or revocation of a probation sentence, and where probation will not be imposed under either scenario. Because the purpose of a PSI is to assist the court with sentencing, whenever a sentence of imprisonment has already been agreed upon by plea, PSIs

are therefore unnecessary. In the interest of public safety, probation departments would continue to prepare PSIs in all other felony cases, including those where a plea bargain is reached and the defendant is returning to the community (i.e., probation, fine, conditional discharge). This gives probation departments an opportunity to provide input to the Court as to whether the sentence is appropriate.

The bill would also eliminate the need for PSIs in any misdemeanor case. (Pursuant to existing CPL § 390.20(2) a PSI is not required in connection with misdemeanor convictions except for probation-bound defendants, jail sentences greater than 180 days and consecutive sentences greater than 90 days.) Instead, when a misdemeanor case results in a probation sentence, DOP will conduct its own investigation while the person is under its supervision.

It is important to realize that existing CPL § 390.20(3) allows judges to order a PSI in any case when they believe it is appropriate and necessary. This proposal would not affect that discretion to order a PSI even if the statute would no longer automatically require one.

Accordingly, the Mayor urges the earliest possible favorable consideration of this proposal by the Legislature.