What's happening
This bill allows pre-sentence reports to be waived when a conditional discharge, in addition to probation, is agreed upon.
Why it matters
Expands judicial efficiency. By allowing pre-sentence reports to be waived when a conditional discharge is agreed upon (in addition to probation), courts can resolve cases more quickly, reducing delays in sentencing and freeing up resources for more complex cases.
Reduces administrative burden. Pre-sentence reports require time and input from probation departments. This change could alleviate some of that workload when both sides have already reached a sentencing agreement involving conditional discharge or probation.
May affect defendant rights and outcomes. While this streamlines the process, it also means judges receive less background information before sentencing, which could impact the fairness or appropriateness of certain sentences—especially for first-time or lower-level offenders who might benefit from the context a report provides.
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Who cares
Criminal court judges
The bill would expand the pre-sentence report waiver provision to cover an agreed-upon sentence of conditional discharge that will be imposed.
Defense attorneys and defendants
An agreed-upon conditional discharge would become an additional basis for waiving a pre-sentence report.
Prosecutors
The bill would make the waiver provision available when the parties agree to conditional discharge, rather than only probation under this subparagraph.
Probation departments
The expanded waiver provision could reduce the number of pre-sentence reports needed in cases ending in an agreed-upon conditional discharge.
Headline styles
Allow Waiving Sentencing Reports
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A7442
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1316
- 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.
Allow Waiver of Reports
Signed by Governor · Sponsor David Buchwald
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5071
2017-2018 Regular Sessions
IN SENATE
March 6, 2017
Introduced by Sen. LANZA -- (at request of the Office of Court Administration) -- 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 waiver of pre-sentence reports
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (ii) of paragraph (a) of subdivision 4 of section 390.20 of the criminal procedure law, as added by chapter 413 of the laws of 1991, is amended to read as follows:
(ii) A sentence of probation or conditional discharge has been agreed upon by the parties and will be imposed, or
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09738-01-7
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 waiver of pre-sentence reports
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Advisory Committee on Criminal Practice.
This measure would amend section 390.20 of the Criminal Procedure Law to provide that a pre-sentence investigation and written report thereon may be waived by the mutual consent of the parties and with the consent of the court where a sentence of conditional discharge has been agreed by the parties and will be imposed.
Current law already provides that a pre-sentence investigation and report may be waived in similar circumstances where a sentence of felony probation is to be imposed. This measure extends that same policy and procedure to sentences of conditional discharge. We believe the measure will help streamline case management practices by recognizing that there is little practical need for a pre-sentence investigation for negotiated pleas that result in sentences of conditional discharge. Moreover, where no probation oversight of defendant is deemed necessary by the court or parties, requiring the probation department to conduct an investigation and prepare a pre-sentence report needlessly wastes public resources.
This measure therefore amends CPL 390.20(4)(a)(ii) to permit waiver of a pre-sentence investigation and written report for sentences of conditional discharge.
This measure, which would have no fiscal impact on the State, would take effect immediately.
Legislative history
None. New proposal.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.