Scope of pre-sentence investigation and report

§ 390.30 Scope of pre-sentence investigation and report.\n 1. The investigation. The pre-sentence investigation consists of the\ngathering of information with respect to the circumstances attending the\ncommission of the offense, the defendant's history of delinquency or\ncriminality, and the defendant's social history, employment history,\nfamily situation, economic status, education, and personal habits. Such\ninvestigation may also include any other matter which the agency\nconducting the investigation deems relevant to the question of sentence,\nand must include any matter the court directs to be included.\n 2. Physical and mental examinations. Whenever information is available\nwith respect to the defendant's physical and mental condition, the\npre-sentence investigation must include the gathering of such\ninformation. In the case of a felony or a class A misdemeanor, or in any\ncase where a person under the age of twenty-one is convicted of a crime,\nthe court may order that the defendant undergo a thorough physical or\nmental examination in a designated facility and may further order that\nthe defendant remain in such facility for such purpose for a period not\nexceeding thirty days.\n 3. The report and victim impact statement. (a) The report of the\npre-sentence investigation must contain an analysis of as much of the\ninformation gathered in the investigation as the agency that conducted\nthe investigation deems relevant to the question of sentence. The report\nmust also include any other imformation that the court directs to be\nincluded and the material required by paragraph (b) of this subdivision\nwhich shall be considered part of the report.\n (b) The report shall also contain a victim impact statement, unless it\nappears that such information would be of no relevance to the\nrecommendation or court disposition, which shall include an analysis of\nthe victim's version of the offense, the extent of injury or economic\nloss and the actual out-of-pocket loss to the victim and the views of\nthe victim relating to disposition including the amount of restitution\nand reparation sought by the victim after the victim has been informed\nof the right to seek restitution and reparation, subject to the\navailability of such information. In the case of a homicide or where the\nvictim is unable to assist in the preparation of the victim impact\nstatement, the information may be acquired from the victim's family. The\nvictim impact statement shall be made available to the victim by the\nprosecutor pursuant to subdivision two of section 390.50 of this\narticle. Nothing contained in this section shall be interpreted to\nrequire that a victim supply information for the preparation of this\nreport.\n 4. Abbreviated investigation and short form report. In lieu of the\nprocedure set forth in subdivisions one, two and three of this section,\nwhere the conviction is of a misdemeanor the scope of the pre-sentence\ninvestigation may be abbreviated and a short form report may be made.\nThe use of abbreviated investigations and short form reports, the\nmatters to be covered therein and the form of the reports shall be in\naccordance with the general rules regulating methods and procedures in\nthe administration of probation as adopted from time to time by the\ncommissioner of the division of criminal justice services pursuant to\nthe provisions of article twelve of the executive law. No such rule,\nhowever, shall be construed so as to relieve the agency conducting the\ninvestigation of the duty of investigating and reporting upon:\n (a) the extent of the injury or economic loss and the actual\nout-of-pocket loss to the victim including the amount of restitution and\nreparation sought by the victim, after the victim has been informed of\nthe right to seek restitution and reparation, or\n (b) any matter relevant to the question of sentence that the court\ndirects to be included in particular cases.\n 5. Information to be forwarded to the state office of probation and\ncorrectional alternatives. Investigating agencies under this article\nshall be responsible for the collection, and transmission to the state\noffice of probation and correctional alternatives, of data on the number\nof victim impact statements prepared. Such information shall be\ntransmitted annually to the office of victim services and included in\nthe office's biennial report pursuant to subdivision twenty-one of\nsection six hundred twenty-three of the executive law.\n 6. Interim probation supervision. (a) In any case where the court\ndetermines that a defendant is eligible for a sentence of probation, the\ncourt, after consultation with the prosecutor and upon the consent of\nthe defendant, may adjourn the sentencing to a specified date and order\nthat the defendant be placed on interim probation supervision. In no\nevent may the sentencing be adjourned for a period exceeding one year\nfrom the date the conviction is entered, except that upon good cause\nshown, the court may, upon the defendant's consent, extend the period\nfor an additional one year where the defendant has agreed to and is\nstill participating in a treatment program in connection with a court\ndesignated a treatment court by the chief administrator of the courts.\nWhen ordering that the defendant be placed on interim probation\nsupervision, the court shall impose all of the conditions relating to\nsupervision specified in subdivision three of section 65.10 of the penal\nlaw and the court may impose any or all of the conditions relating to\nconduct and rehabilitation specified in subdivisions two, four, five and\nfive-a of section 65.10 of such law. The defendant must receive a\nwritten copy of any such conditions at the time he or she is placed on\ninterim probation supervision. The defendant's record of compliance with\nsuch conditions, as well as any other relevant information, shall be\nincluded in the presentence report, or updated presentence report,\nprepared pursuant to this section, and the court must consider such\nrecord and information when pronouncing sentence. If a defendant\nsatisfactorily completes a term of interim probation supervision, he or\nshe shall receive credit for the time served under the period of interim\nprobation supervision toward any probation sentence that is subsequently\nimposed in that case.\n (b) In its discretion, the supervising probation department may\nutilize the provisions of sections 410.20, 410.30, 410.40, 410.50,\n410.60 and 410.92 of this title, where applicable.\n