BILL NUMBER:  S5071

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to waiver of pre-sentence reports

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Advisory
Committee on Criminal Practice.

This measure would amend section 390.20 of the Criminal Procedure Law
to provide that a pre-sentence investigation and written report
thereon may be waived by the mutual consent of the parties and with
the consent of the court where a sentence of conditional discharge has
been agreed by the parties and will be imposed.

Current law already provides that a pre-sentence investigation and
report may be waived in similar circumstances where a sentence of
felony probation is to be imposed. This measure extends that same
policy and procedure to sentences of conditional discharge. We believe
the measure will help streamline case management practices by
recognizing that there is little practical need for a pre-sentence
investigation for negotiated pleas that result in sentences of
conditional discharge. Moreover, where no probation oversight of
defendant is deemed necessary by the court or parties, requiring the
probation department to conduct an investigation and prepare a
pre-sentence report needlessly wastes public resources.
              

This measure therefore amends CPL 390.20(4)(a)(ii) to permit waiver of
a pre-sentence investigation and written report for sentences of
conditional discharge.

This measure, which would have no fiscal impact on the State, would
take effect immediately.

 LEGISLATIVE HISTORY :

None. New proposal.