BILL NUMBER: S1896

SPONSOR: GALLIVAN
 
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.