S1955-2011 Actions

• Jan 14, 2011: REFERRED TO CODES

S1955-2011 Memo

BILL NUMBER:S1955

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

SUMMARY:
This bill would add a new subdivision five to section 390.20 of
the Criminal Procedure Law to provide that whenever a criminal court
imposes a sentence upon a criminal offender which deviates from the
recommended sentence contained in the criminal defender's
pre-sentence report, the court would be required to state on the
record the reasons for such deviation.

JUSTIFICATION:
At present, a sentencing judge may impose a sentence
upon convicted criminals which deviates from the sentence recommended
by the Probation Department without the need to explain such deviation.
Often, the court sentences an individual to probation when
incarceration is recommended by the probation officer. Judges should
explain their reasons for doing so on the record, to ensure the
victims, their families, prosecutors and members of the public why
these recommendations are not being followed. This bill would
accomplish this by requiring judges to state their reason(s) for not
following the Probation Department's recommendation, on the record.

FISCAL IMPLICATION:
None.

EFFECTIVE DATE:
This act shall take effect on the first day of the calendar month
next succeeding the sixtieth day it shall have become a law.

S1955-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1955
 2011-2012 Regular Sessions
 I N  SENATE
 January 14, 2011
 
 Introduced  by  Sen.  KRUGER -- 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  use  of
 pre-sentence investigation reports
 

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

 

Section 1.

Section 390.20 of the criminal procedure law is amended  by
 adding a new subdivision 5 to read as follows:

 5.  REASONS  FOR  DEVIATION  FROM REPORT. WHENEVER THE COURT IMPOSES A
 SENTENCE WHICH DEVIATES FROM THE RECOMMENDED SENTENCE CONTAINED  IN  THE
 DEFENDANT'S PRE-SENTENCE REPORT, THE COURT SHALL STATE ON THE RECORD THE
 REASONS FOR SUCH DEVIATION.
 

S 2. This act shall take effect on the first day of the calendar month
 next succeeding the sixtieth day after it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06786-01-1

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!