Section 390.60. Copy of reports to accompany defendant sentenced to imprisonment


Latest version.
  • 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.