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S2934Senate2017-2018 SessionSame asA6920

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Official title

“Relates to a negotiated sentence of imprisonment”

Sponsor Patrick M. GallivanSD-59Affects Legal
Status
In Senate Committee
Rules
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill allows courts statewide to skip pre-sentence investigation reports for negotiated jail sentences of 365 days or less.

Why it matters

  1. Speeds up the sentencing process statewide. by letting courts bypass the time-consuming pre-sentence investigation (PSI) reports for short jail sentences (one year or less) that have been agreed to by both sides and the judge, potentially reducing case backlogs.

  2. Could save resources and reduce costs. in the criminal justice system, since PSIs require staff time and effort to prepare, and may not provide critical new information for low-level, negotiated jail terms.

  3. Raises questions about individualized sentencing. as judges will have less background information on the defendant’s history and needs for these cases, possibly impacting rehabilitation opportunities or identification of underlying issues (such as addiction or mental health).

  4. Expands a policy previously limited to New York City. (pop. over 1 million) to all courts statewide, meaning rural and suburban courts now have the same flexibility as those in large cities.

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Who cares

Headline styles

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Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

No co-sponsors yet.

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1410
  5. Referred to codes
  6. Reported and committed to rules
  7. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A6920Assembly

Ease Reports for Short Sentences

In Assembly Committee · Codes · Sponsor Amy Paulin

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2934

2017-2018 Regular Sessions

IN SENATE

January 18, 2017

Introduced by Sen. GALLIVAN -- 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 negotiated sentence of imprisonment

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 5 of section 390.20 of the criminal procedure law, as added by chapter 556 of the laws of 2013, is amended to read as follows:

5. Negotiated sentence of imprisonment. [In any city having a population of one million or more and notwithstanding] Notwithstanding the provisions of subdivision one or two of this section, a pre-sentence investigation and written report thereon shall not be required where a negotiated sentence of imprisonment for a term of three hundred sixtyfive days or less has been mutually agreed upon by the parties with consent of the judge, as a result of a conviction or revocation of a sentence of probation.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00245-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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

2015-16: S.7658 Passed Senate/Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.