Section 390.20. Requirement of pre-sentence report

1.  Requirement  for felonies. In any case where a person is convicted
  of a felony, the court must order a pre-sentence  investigation  of  the
  defendant  and  it  may  not  pronounce sentence until it has received a
  written report of such investigation.
    2. Requirement for misdemeanors. Where a  person  is  convicted  of  a
  misdemeanor a pre-sentence report is not required, but the court may not
  pronounce  any  of  the  following  sentences  unless  it  has ordered a
  pre-sentence investigation of the defendant and has received  a  written
  report thereof:
    (a)   A   sentence   of  probation  except  where  the  provisions  of
  subparagraph (ii) of paragraph (a) of subdivision four of  this  section
  apply;
    (b) A sentence of imprisonment for a term in excess of ninety days;
    (c)  Consecutive sentences of imprisonment with terms aggregating more
  than ninety days.
    3. Permissible in any case. For purposes of sentence, the  court  may,
  in  its discretion, order a pre-sentence investigation and report in any
  case, irrespective of whether such investigation and report is  required
  by subdivision one or two.
    4.  Waiver.  (a)  Notwithstanding the provisions of subdivision one or
  two of this section, a pre-sentence investigation of the defendant and a
  written report thereon may be  waived  by  the  mutual  consent  of  the
  parties  and  with  consent  of  the  judge,  stated on the record or in
  writing, whenever:
    (i) A sentence of imprisonment has been agreed upon by the parties and
  will be satisfied by the time served, or
    (ii) A sentence of probation has been agreed upon by the  parties  and
  will be imposed, or
    (iii) A report has been prepared in the preceding twelve months, or
    (iv) A sentence of probation is revoked.
    * Provided, however, a pre-sentence investigation of the defendant and
  a  written  report  thereon  shall  not be waived if an indeterminate or
  determinate sentence of imprisonment is to be imposed.
    * NB Effective until September 1, 2011
    * Provided, however, a pre-sentence investigation of the defendant and
  a written report  thereon  shall  not  be  waived  if  an  indeterminate
  sentence of imprisonment is to be imposed.
    * NB Effective September 1, 2011
    (b)  Whenever  a pre-sentence investigation and report has been waived
  pursuant to subparagraph (i), (ii) or (iii) of  paragraph  (a)  of  this
  subdivision  and  the  court  determines  that such information would be
  relevant to the court disposition, a victim impact  statement  shall  be
  provided in accordance with this section.