senate Bill S3073

2013-2014 Legislative Session

Removes the requirement of a pre-sentence investigation when a negotiated sentence of imprisonment has been agreed upon and there will be no sentence of probation im

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 29, 2013 referred to codes

S3073 - Bill Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §390.20, rpld sub 4 ¶(a) cl ¶, CP L
Versions Introduced in 2011-2012 Legislative Session:
S5490

S3073 - Bill Texts

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Removes the requirement of a pre-sentence investigation when a negotiated sentence of imprisonment has been agreed upon and there will be no sentence of probation imposed.

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BILL NUMBER:S3073

TITLE OF BILL: An act to amend the criminal procedure law, in relation
to the requirement of preparing pre-sentence reports and the waiver of
such reports under certain circumstances, and to repeal the closing
paragraph of paragraph (a) of subdivision 4 of section 390.20 of such
law relating to waiver of pre-sentence reports where indeterminate
sentences are to be imposed

PURPOSE: The purpose of this bill is to save the State money by elimi-
nating the costly requirement of Pre-Sentence Investigations (PSIs) and
related written reports where they serve no useful purpose.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 1 of Criminal Procedure Law
("CPL") section 390.20 to provide that pre-sentence investigation
("PSI") requirement for persons convicted of a felony shall not apply
when a negotiated sentence of imprisonment has been agreed upon by the
parties as the result of a conviction or revocation of a sentence of
probation, and no sentence of probation will be imposed.

Section 2 amends subdivision 2 of CPL section 390.20 to remove the
requirement of a pre-sentence report ("PSR") in the case of a person who
has been convicted of a misdemeanor, even in the circumstances listed in
CPL 390.20(2)(a)-(c).

Section 3 amends CPL section 390.20(4) to provide that where a PSI or
PSR is required by CPL section 390.20(1), it may be waived by mutual
consent of the parties and the judge if a sentence of probation has been
agreed upon or if such a report has been prepared during the previous
twelve- month period. This section further eliminates the prohibition
against allowing a waiver of a PSI or PSR where an indeterminate or
determinate sentence has been imposed, in effect until September 1, 2013
and found in the closing paragraph of CPL section 390.20(4)(a).

Section 4 repeals the provisions of the closing paragraph of CPL section
390.20(4)(a) that go back into effect on September 1, 2013, with the
result that waiver of the PSI is allowed in the event that an indetermi-
nate sentence is imposed.

EXISTING LAW: Current law under section 390.20(1) of the CPL requires a
presiding court to order a pre-sentence investigation of a defendant,
and receive a written report thereon, before pronouncing sentence in any
case in which such defendant is convicted of a felony. Where the defend-
ant has been convicted of a misdemeanor, current law does not require a
pre-sentence report, but there are exceptions to this rule that this
bill eliminates.

Current law, effective until September 13, 2013, prohibits the waiver of
a pre-sentence investigation of the defendant and a written report ther-

eon if a determinate or indeterminate sentence of imprisonment is to be
imposed; after September 13, 2013, waiver is not allowed in the case of
an indeterminate sentence only.

JUSTIFICATION: The City proposes to eliminate the costly requirement of
Pre-Sentence Investigations (PSIs) and related written reports where
they would serve no useful purpose. In New York City, there are approxi-
mately 110 probation officers and supervisors dedicated to conducting
such PSIs, but in nearly two-thirds of these cases, the defendant does
not end up under the supervision of the Department of Probation (DoP).

Currently, probation departments are required to conduct PSIS and
prepare a written report on all defendants convicted in felony cases.
The proposed legislation would amend Criminal Procedure Law (CPL)
section 390.20 to provide an exception to this requirement where a nego-
tiated sentence of imprisonment has been reached as a result of a felony
conviction or revocation of a probation sentence, and where probation
will not be imposed under either scenario. Because the purpose of a PSI
is to assist the court with sentencing, whenever a sentence of imprison-
ment has already been agreed upon by plea, a PSI is unnecessary. In the
interest of public safety, probation departments would continue to
prepare PSIs in all other felony cases, including those where a plea
bargain is reached and the defendant is returning to the community
(i.e., probation, fine, conditional discharge). This gives probation
departments an opportunity to provide input to the Court as to whether
the sentence is appropriate.

The bill would also eliminate the need for PSIs in all misdemeanor
cases. (Pursuant to existing CPL section 390.20(2) a PSI is not required
in connection with misdemeanor convictions except for probation-bound
defendants, jail sentences greater than 180 days and consecutive
sentences greater than 90 days.) Instead, when a misdemeanor case
results in a probation sentence, DoP will conduct its own investigation
while the person is under its supervision.

It is important to realize that the existing CPL section 390.20(3)
allows judges to order a PSI in any case where it is appropriate and
necessary. This proposal would not affect that discretion to order a PSI
even if the statute would no longer automatically require one.

Accordingly, the Mayor urges the earliest possible favorable consider-
ation of this proposal by the Legislature.

LEGISLATIVE HISTORY: S.5490 of 2011 - Passed Senate 06/18/12

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This bill shall take effect on the 90th day after
becoming law, with provisions.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3073

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 the  require-
  ment  of preparing pre-sentence reports and the waiver of such reports
  under certain circumstances, and to repeal the  closing  paragraph  of
  paragraph  (a) of subdivision 4 of section 390.20 of such law relating
  to waiver of pre-sentence reports where indeterminate sentences are to
  be imposed

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 390.20 of the criminal procedure
law is amended to read as follows:
  1. Requirement for felonies. In any case where a person  is  convicted
of  a  felony,  the court must order a pre-sentence investigation of the
defendant and it may not pronounce sentence  until  it  has  received  a
written  report of such investigation.  THIS REQUIREMENT SHALL NOT APPLY
WHEN A NEGOTIATED SENTENCE OF IMPRISONMENT HAS BEEN AGREED UPON  BY  THE
PARTIES  AS  A  RESULT  OF  A  CONVICTION OR REVOCATION OF A SENTENCE OF
PROBATION, AND NO SENTENCE OF PROBATION WILL BE IMPOSED.
  S 2. Subdivision 2 of section 390.20 of the criminal procedure law, as
amended by chapter 413 of the laws of 1991, paragraph (b) as amended  by
section 179 of the laws of 2010, is amended to read as follows:
  2.  Requirement  for  misdemeanors.  Where  a person is convicted of a
misdemeanor a pre-sentence report is not required[, but  the  court  may
not  pronounce  any  of  the following sentences unless it has ordered a
pre-sentence investigation of the defendant and has received  a  written
report thereof:
  (a)  A  sentence  of probation except where the provisions of subpara-
graph (ii) of paragraph (a) of subdivision four of this section apply;
  (b) A sentence of imprisonment for a term in  excess  of  one  hundred
eighty days;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04364-01-3

S. 3073                             2

  (c)  Consecutive sentences of imprisonment with terms aggregating more
than ninety days].
  S 3. Subdivision 4 of section 390.20 of the criminal procedure law, as
added by chapter 413 of the laws of 1991, the closing paragraph of para-
graph  (a)  as  amended  by chapter 3 of the laws of 1995, is amended to
read as follows:
  4. Waiver. (a) [Notwithstanding the provisions of subdivision  one  or
two  of  this  section, a] A pre-sentence investigation of the defendant
and a written report thereon, WHEN REQUIRED PURSUANT TO SUBDIVISION  ONE
OF  THIS SECTION, may be waived by the mutual consent of the parties and
with consent of the judge, stated on the record or in writing, whenever:
  (i) [A sentence of imprisonment has been agreed upon  by  the  parties
and will be satisfied by the time served, or
  (ii)]  A sentence of probation has been agreed upon by the parties and
will be imposed, or
  [(iii)] (II) A report  has  been  prepared  in  the  preceding  twelve
months[, or
  (iv) A sentence of probation is revoked.
  Provided, however, a pre-sentence investigation of the defendant and a
written report thereon shall not be waived if an indeterminate or deter-
minate sentence of imprisonment is to be imposed].
  (b)  Whenever  a pre-sentence investigation and report has been waived
pursuant to subparagraph (i)[,] OR (ii) [or (iii)] of paragraph  (a)  of
this subdivision and the court determines that such information would be
relevant  to  the  court disposition, a victim impact statement shall be
provided in accordance with this section.
  S 4. The closing paragraph  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 REPEALED.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that the amendments to the closing
paragraph of paragraph (a) of subdivision 4 of  section  390.20  of  the
criminal  procedure  law  made  by  section  three  of this act shall be
subject to the expiration and reversion of such  paragraph  pursuant  to
subdivision  d  of  section  74  of  chapter  3  of the laws of 1995, as
amended, when upon such date the provisions of section four of this  act
shall take effect.

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