Investigation
State law mandates that a Pre-Sentence Investigation (PSI) be prepared at the direction of the Court and submitted prior to sentencing when a defendant has been convicted after trial or plea to a felony or on certain misdemeanors, leading to: a sentence of Probation; a sentence of incarceration for a term longer than 90 days; aggregating consecutive sentences longer than 90 days; and, upon the discretion of the court. The purpose of the PSI is to aid the Court in reaching an appropriate decision or disposition. To complete the report, the assigned Investigation officer: interviews the defendant and all relevant parties, including victims, (if applicable) to assess the extent of physical, psychological or financial injury. The Probation Officer reviews and conducts an analysis of the individual’s past and present criminal, social, scholastic, employment, alcohol and/or substance abuse, as well as physical and psychological histories; reviews all relevant court documents; and, conducts address verification, including home visits, if necessary. After a thorough investigation, the Department provides the judge with a sentence recommendation based on a summary of all pertinent facts gathered. In addition to aiding the court in sentencing, the PSI forms the basis of information deemed important to the supervision of defendants sentenced to probation supervision. The PSI is a central document used by State and City Corrections to assess and classify inmates; and, is used as a reference for NYS Parole when conducting parole hearings. PSIs are transmitted electronically to the Court via the Department’s Reusable Case Management System (RCMS).
Supervision
Upon sentencing, the individual may be placed on probation supervision in conjunction with a period of incarceration (up to 6 months city jail), or, placed on probation supervision in lieu of state imprisonment. Probation sentences range from one to six years for a misdemeanor or five to ten years for a felony conviction.
Supervision includes referrals to community-based resources for specific treatment needs. The goal is to encourage the probationer to become a law-abiding member of the community by: emphasizing deterrence of future violent behavior; and, reducing victimization by ensuring that the probationer complies with all conditions prescribed by the judge, including restitution to victims, community service and drug treatment.
The Department’s kiosk style supervision reporting stations are available only to a select few probationers who meet certain stringent criteria.
The Department’s supervision model consists of the following levels:
- Special Offender Unit (SOU) - Provides enhanced supervision to probationers at high risk
for violent recidivism whose probation case meets any the following criteria:
Registered Sex Offender under the Sex Offender Registration Act (SORA);
predatory pedophile (under a Youthful Offender adjudication); Kendra’s Law
psychiatric case; Child Abuse; domestic violence history; major drug dealer or
gang involvement; high profile; offenders with three (3) or more arrests
occurring in the year or three (3) or more open arrests; non-registered sex
offenders; conviction for Criminal Possession of a Weapon in the third degree
under the Gun Offender Registration Act (GORA) or, confidential informant
probationers: those known to both State and Federal Witness Protection
programs.
- High Risk (HR) – Provides enhanced
supervision to those probationers at a high risk of recidivism based on
scores tabulated using the Department’s risk assessment instrument; the
score for each probationer includes elements based on age, type of crime and
criminal history, or re-arrest.
- Reporting – Monitors probationers
not considered a high risk to commit violent crimes or probationers in good
standing who have been transferred from a special offender or high risk unit
after successfully completing specific supervision requirements. Probationers in Reporting become
eligible to report to kiosks, once certain stringent eligibility
requirements are first met.
- Intensive Supervision Program (ISP)
– Provides intensive supervision as an alternative to incarceration to
convicted felony offenders who would otherwise receive a term of
imprisonment. Probationers in ISP are
specifically assigned by the judge to this form of supervision and can be
assigned to the program for up to 18 months.
- Central Interstate Unit (CIU) – The
purpose of the Central Interstate Unit is to maintain and process incoming
and outgoing interstate and intrastate cases at a Central location
(Manhattan). CIU is the
Department’s central Interstate Compact designee and liaison with the NYS
Interstate Commission for
Adult Offender Supervision (ICAOS) Compact
administrator.
- Sex Offender
Containment Model – NYC Department of Probation adopted this nationally
recognized treatment model, which utilizes
a cognitive behavioral approach to supervising all eligible registered adult
felony sex offenders. This form
of treatment with probation supervision holds sex offenders accountable for
their actions by allowing the Department to respond immediately to any
failure to comply with the conditions of probation or treatment
program(s). The goal of the
program is to reduce recidivism and victimization
through stringent supervision of the sex offender, who are the most difficult of the
Department’s adult offender population due to the violent nature of the
committed offense and the harm and fear generated in the victims and society
as a whole.