What's happening
This bill removes the population restriction so that pre-sentence investigations are not required for negotiated jail sentences of 365 days or less statewide.
Why it matters
Expands exemption statewide. By removing the population restriction, all jurisdictions in New York—not just large cities—can now bypass pre-sentence investigations for mutually agreed jail sentences of a year or less, potentially speeding up case resolution everywhere.
Reduces court and probation workload. Courts and probation departments may see reduced administrative burdens, as fewer pre-sentence investigations and reports will be necessary for these negotiated plea deals, freeing resources for more serious cases.
Potential impact on defendant outcomes. Without mandatory pre-sentence investigations, judges may have less background information on defendants, which could affect sentencing fairness or the identification of underlying issues (such as mental health or substance abuse needs) that might otherwise be addressed.
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Who cares
Headline styles
Simplify Sentencing Reports
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- 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.
Skip 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
1896
2019-2020 Regular Sessions
IN SENATE
January 17, 2019
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.
LBD02747-01-9
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 require- ment of a pre-sentence investigation and written report would be elimi- nated 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 aforemen- tioned 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 offen- ders.
Legislative history
2017-18: S.2934/A.6920 Advanced to 3rd Reading/Referred to Codes 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.