Section 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, 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
  state director of probation and correctional  alternatives  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 division of probation.
  Investigating agencies under this article shall be responsible  for  the
  collection, and transmission to the state division of probation, of data
  on  the  number  of  victim  impact  statements  prepared,  pursuant  to
  regulations of the division. Such information shall  be  transmitted  to
  the  crime  victims  board  and  included  in  the board's annual report
  pursuant to subdivision twenty 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 substance abuse treatment program in connection
  with  a  court designated a drug 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.