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
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.
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.
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).
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.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Skip Reports for Short Sentences
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1410
- Referred to codes
- Reported and committed to rules
- 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.
Ease Reports for Short Sentences
In Assembly Committee · Codes · Sponsor Amy Paulin
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.