2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 390 - Pre-Sentence Reports › 390.30 - Scope of Pre-Sentence Investigation and Report.

§ 390.30 Scope of pre-sentence investigation and report.
1.  The  investigation. The pre-sentence investigation consists of the
gathering of information with respect to the circumstances attending the
commission of the offense, the defendant's  history  of  delinquency  or
criminality,  and  the  defendant's  social history, employment history,
family situation, economic status, education, and personal habits.  Such
investigation  may  also  include  any  other  matter  which  the agency
conducting the investigation deems relevant to the question of sentence,
and must include any matter the court directs to be included.
2. Physical and mental examinations. Whenever information is available
with respect to the  defendant's  physical  and  mental  condition,  the
pre-sentence   investigation   must   include   the  gathering  of  such
information. In the case of a felony or a class A misdemeanor, or in any
case where a person under the age of twenty-one is convicted of a crime,
the court may order that the defendant undergo a  thorough  physical  or
mental  examination  in a designated facility and may further order that
the defendant remain in such facility for such purpose for a period  not
exceeding thirty days.
3.  The  report  and  victim  impact  statement. (a) The report of the
pre-sentence investigation must contain an analysis of as  much  of  the
information  gathered  in the investigation as the agency that conducted
the investigation deems relevant to the question of sentence. The report
must also include any other imformation that the  court  directs  to  be
included  and the material required by paragraph (b) of this subdivision
which shall be considered part of the report.
(b) The report shall also contain a victim impact statement, unless it
appears  that  such  information  would  be  of  no  relevance  to   the
recommendation  or court disposition, which shall include an analysis of
the victim's version of the offense, the extent of  injury  or  economic
loss  and  the  actual out-of-pocket loss to the victim and the views of
the victim relating to disposition including the amount  of  restitution
and  reparation  sought by the victim after the victim has been informed
of the  right  to  seek  restitution  and  reparation,  subject  to  the
availability of such information. In the case of a homicide or where the
victim  is  unable  to  assist  in  the preparation of the victim impact
statement, the information may be acquired from the victim's family. The
victim impact statement shall be made available to  the  victim  by  the
prosecutor  pursuant  to  subdivision  two  of  section  390.50  of this
article. Nothing contained in  this  section  shall  be  interpreted  to
require  that  a  victim  supply information for the preparation of this
report.
4. Abbreviated investigation and short form report.  In  lieu  of  the
procedure  set forth in subdivisions one, two and three of this section,
where the conviction is of a misdemeanor the scope of  the  pre-sentence
investigation  may  be  abbreviated and a short form report may be made.
The use of  abbreviated  investigations  and  short  form  reports,  the
matters  to  be  covered therein and the form of the reports shall be in
accordance with the general rules regulating methods and  procedures  in
the  administration  of  probation  as  adopted from time to time by the
commissioner of the division of criminal justice  services  pursuant  to
the  provisions  of  article  twelve of the executive law. No such rule,
however, shall be construed so as to relieve the agency  conducting  the
investigation of the duty of investigating and reporting upon:
(a)  the  extent  of  the  injury  or  economic  loss  and  the actual
out-of-pocket loss to the victim including the amount of restitution and
reparation sought by the victim, after the victim has been  informed  of
the right to seek restitution and reparation, or
(b)  any  matter  relevant  to the question of sentence that the court
directs to be included in particular cases.
5.  Information  to  be forwarded to the state office of probation and
correctional alternatives. Investigating  agencies  under  this  article
shall  be  responsible for the collection, and transmission to the state
office of probation and correctional alternatives, of data on the number
of  victim  impact  statements  prepared.  Such  information  shall   be
transmitted  annually  to  the office of victim services and included in
the office's biennial  report  pursuant  to  subdivision  twenty-one  of
section six hundred twenty-three of the executive law.
6.  Interim  probation  supervision.  (a)  In any case where the court
determines that a defendant is eligible for a sentence of probation, the
court, after consultation with the prosecutor and upon  the  consent  of
the  defendant, may adjourn the sentencing to a specified date and order
that the defendant be placed on interim  probation  supervision.  In  no
event  may  the  sentencing be adjourned for a period exceeding one year
from the date the conviction is entered, except  that  upon  good  cause
shown,  the  court  may, upon the defendant's consent, extend the period
for an additional one year where the defendant  has  agreed  to  and  is
still  participating  in  a treatment program in connection with a court
designated a treatment court by the chief administrator of  the  courts.
When  ordering  that  the  defendant  be  placed  on  interim  probation
supervision, the court shall impose all of the  conditions  relating  to
supervision specified in subdivision three of section 65.10 of the penal
law  and  the  court may impose any or all of the conditions relating to
conduct and rehabilitation specified in subdivisions two, four, five and
five-a of section 65.10 of  such  law.  The  defendant  must  receive  a
written  copy  of any such conditions at the time he or she is placed on
interim probation supervision. The defendant's record of compliance with
such conditions, as well as any other  relevant  information,  shall  be
included  in  the  presentence  report,  or  updated presentence report,
prepared pursuant to this section, and  the  court  must  consider  such
record  and  information  when  pronouncing  sentence.  If  a  defendant
satisfactorily completes a term of interim probation supervision, he  or
she shall receive credit for the time served under the period of interim
probation supervision toward any probation sentence that is subsequently
imposed in that case.
(b)  In  its  discretion,  the  supervising  probation  department may
utilize the provisions  of  sections  410.20,  410.30,  410.40,  410.50,
410.60 and 410.92 of this title, where applicable.