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This entry was published on 2023-05-12
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SECTION 390.20
Requirement of pre-sentence report
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE L, ARTICLE 390
§ 390.20 Requirement of pre-sentence report.

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.

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
subparagraph (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;

(c) Consecutive sentences of imprisonment with terms aggregating more
than ninety days.

3. Permissible in any case. For purposes of sentence, the court may,
in its discretion, order a pre-sentence investigation and report in any
case, irrespective of whether such investigation and report is required
by subdivision one or two.

4. Waiver. (a) Notwithstanding the provisions of subdivision one or
two of this section, a pre-sentence investigation of the defendant and a
written report thereon 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 or conditional discharge has been agreed
upon by the parties and will be imposed, or

(iii) 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
determinate sentence of imprisonment is to be imposed.

* NB Effective until September 1, 2025

* Provided, however, a pre-sentence investigation of the defendant and
a written report thereon shall not be waived if an indeterminate
sentence of imprisonment is to be imposed.

* NB Effective September 1, 2025

(b) Whenever a pre-sentence investigation and report has been waived
pursuant to subparagraph (i), (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.

5. Negotiated sentence of imprisonment. In any city having a
population of one million or more and 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 sixty-five 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.