{"jurisdiction": "us-ny", "code": "cpl", "section": "390.60", "citation": "CPL § 390.60", "heading": "Copy of reports to accompany defendant sentenced to imprisonment", "text": ["§ 390.60 Copy of reports to accompany defendant sentenced to", "imprisonment.", "1. Cases where copy of report is required.  Whenever a person is sentenced to a term of imprisonment, a copy of any pre-sentence report prepared, a copy of any pre-sentence memorandum filed by the defendant and a copy of any medical, psychiatric or social agency report submitted to the court or to the probation department in connection with the question of sentence must be delivered to the person in charge of the correctional or division for youth facility to which the defendant is committed at the time the defendant is delivered thereto.  When a person is committed to any hospital operated by the office of mental health or referred to any program established pursuant to section four hundred one of the correction law, from a correctional facility or division for youth facility, the person in charge of the correctional facility or division for youth facility shall ensure that a copy of any pre-sentence report concerning such person, a copy of any pre-sentence memorandum filed by such person, and a copy of any medical, psychiatric or social agency report submitted to the court or to the probation department in connection with the question of sentence is provided to such hospital or program.", "2. Effect of failure to deliver required report.  A commitment is not void by reason of failure to comply with the provisions of subdivision one, but the person in charge of the correctional facility to which the defendant has been delivered in execution of the sentence is authorized to refuse to accept custody of such person until the required report is delivered."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/390.60", "from_official_api": true, "plain_english": "- **1.** When a person is **sentenced to imprisonment**, a copy of the PSI report, any defense memo, and any medical/psychiatric/social report **must be delivered to the person in charge of the correctional/youth facility** when the defendant arrives. If later moved to a mental health hospital or § 401 program, those copies follow. ★\n- **2. Failure to deliver.** A commitment is **NOT void** for failure to deliver the report — but the facility head **may refuse to accept custody** until the required report is delivered. ★\n\n---\n\n**★ Exam hits:**\n- **Every felony conviction requires a PSI** before sentencing; misdemeanors need one only for **probation, >180 days jail, or consecutive terms aggregating >90 days.**\n- PSI **cannot be waived** if a determinate/indeterminate prison sentence is imposed; **NYC exception** for negotiated sentences of **365 days or less.**\n- **HIV testing** on victim's request in Article 130 felony sex cases — request filed **before/within 10 days after conviction**, test **within 15 days**, all **sealed / in camera**, results **not given to the court**.\n- PSI report is **confidential**; made available for examination/copying **not less than one court day before sentencing** (defense, pro-se defendant, prosecutor).\n- Victim notice: DA gives **≥ 21 days** notice of sentencing; victim must signal intent to speak **≥ 10 days** before; missed-notice adjournment **≤ 7 days**; notice failure doesn't void the sentence.\n- Interim probation supervision adjournment: **up to 1 year**, extendable **one more year** for treatment court; **completion earns credit** toward later probation.\n- A prison-bound defendant's reports **travel with them**; failure to deliver doesn't void the commitment but the facility may refuse custody until delivered.\n\n\n---\n*Verbatim statute:* [[CPL - Article 390]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/390.60", "publisher": "Elyphived LLC"}