Relates to a negotiated sentence of imprisonment

Title of bill

An act to amend the criminal procedure law, in relation to negotiated sentence of imprisonment

Purpose

This legislation would prohibit the requirement that a pre-sentence investigation (PSI) be performed, as well as the subsequent issuance of a written report, so long as a negotiated term of imprisonment for 365 days or less has been agreed upon.

Summary of provisions

Within the statute of negotiated sentence of imprisonment, the requirement of a pre-sentence investigation and written report would be eliminated when a term of imprisonment for 365 days or less has been agreed upon by the parties with consent of the judge as a result of a conviction or revocation of a sentence of probation.

Justification

This legislation will correct a deficiency within the existing statute under the very specific circumstances when a pre-sentence report is not required regarding a sentence of imprisonment of one year or less so long as the sentence was negotiated and agreed to by the defendant, the district attorney, and the court at the time of a defendant's plea of guilty. Currently, only within the City of New York is the aforementioned provision applicable.

Implementing this statutory correction will afford the 57 other county probation departments statewide the ability to direct limited resources to a more productive use such as in the area of supervision of offenders.

Legislative history

New Bill

Fiscal implications

None.

Effective date

This act shall take effect immediately.