What's happening
This bill removes the population restriction so all New York cities can waive pre-sentence investigation reports for certain negotiated short jail sentences.
Why it matters
Expands judicial efficiency. By allowing all cities, not just those over one million in population, to skip pre-sentence investigation reports for certain short jail sentences, courts statewide could resolve negotiated plea cases more quickly and reduce administrative burdens.
Potentially speeds up case resolution for defendants. Defendants facing negotiated sentences of 365 days or less might experience faster sentencing and reduced pre-sentencing jail time, which can impact employment, family stability, and legal costs.
Standardizes practices across New York. Removing the population restriction creates uniformity in criminal procedure, ensuring that defendants and prosecutors in smaller cities have the same options as those in New York City, potentially leading to more consistent justice outcomes statewide.
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Who cares
Criminal defendants
The bill would extend statewide the exemption from a required pre-sentence investigation and written report for negotiated jail terms of 365 days or less following conviction or probation revocation.
Defense attorneys and prosecutors
Their mutual agreement on a qualifying sentence, with the judge’s consent, would allow the exemption to apply outside cities with populations of one million or more.
Criminal court judges
Judges statewide could consent to qualifying negotiated sentences without requiring a pre-sentence investigation and written report.
Probation departments
The bill would remove the requirement to conduct pre-sentence investigations and prepare written reports in qualifying cases statewide.
Headline styles
Streamline Short Jail Sentences
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
539
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. PAULIN -- read once and referred 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.
LBD02031-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.