§ 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.