What's happening
This bill allows courts statewide to waive pre-sentence investigations and reports for negotiated jail sentences of 365 days or less.
Why it matters
Speeds up the sentencing process statewide. By removing the requirement for pre-sentence investigations in all courts (not just those in cities with over one million residents), negotiated plea deals for jail terms of one year or less can move forward without delay, potentially reducing case backlogs and saving court resources.
May affect information available to judges. Pre-sentence reports typically provide judges with important background on defendants, including criminal history, mental health, and other factors. Waiving these reports for negotiated sentences could mean less individualized information is considered before sentencing.
Reflects trust in plea negotiations. The change assumes that for short jail sentences reached by agreement between parties (and approved by a judge), the plea process itself provides enough context for sentencing, possibly streamlining lower-level case resolutions but raising questions about consistency and fairness.
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Who cares
Headline styles
Waive Pre-Sentence Report Statewide
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1418
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 63–0
- Ordered to third reading cal.2108
- Referred to rules
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6764
2017-2018 Regular Sessions
IN SENATE
June 16, 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 Rules
AN ACT to amend the criminal procedure law, in relation to waiver of pre-sentence investigations and reports
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 on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10517-01-7
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 investigations and reports
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Local Courts Advisory Committee.
This measure would amend the Criminal Procedure Law, as recently amended by chapter 556 of the Laws of 2013, to eliminate, outside New York City, the requirement of pre-sentence investigations ("PSIs") and reports where a negotiated sentence of imprisonment for a term of 365 days or less is mutually agreed upon by the parties, with the consent of the judge, and no sentence of probation will be imposed.
Prior to enactment of chapter 556, probation departments throughout the state were required to conduct PSIs and prepare written reports for all defendants convicted in felony cases, and in misdemeanor cases where a sentence of imprisonment was imposed for a term in excess of 180 days. CPL 390.20. Section 6 of chapter 556 amended section 390.20 to establish an exception to these requirements where a negotiated sentence of imprisonment for a term of 365 days or less has been reached as a result of a conviction or revocation of a probation sentence, and where probation will not be imposed under either scenario. However, this exception was limited to "any city having a population of one million or more." The present measure would broaden that exception to encompass any probation department or court outside New York City without regard to population.
This measure recognizes that the legislative purposes underlying chapter 556 - eliminating the costly requirement of PSIs for negotiated sentences and allowing for probation departments to more appropriately reassign probation officers - are equally applicable in the 57 counties located outside New York City. The current PSI requirements necessitate additional court hearings, delay sentencing and expend public resources in conducting investigations and preparing reports that rarely affect final sentencing outcomes. We believe that probation departments and courts outside New York City should be treated no differently than those in New York City with regard to an expensive, time-consuming mandate shown to have little impact on sentencing.
It is important to note that neither chapter 556 nor this measure would make any other change in statutory requirements concerning PSIs or affect a judge's discretion to order a PSI in any case where the judge believes it is appropriate to do so, including any case where the statute would no longer automatically require a PSI.
This measure, which would have no fiscal impact, would take effect 90 days after it shall have become a law.
2014-15 LEGISLATIVE HISTORY :
OCA 2014-65 OCA 2015-57
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.