§ 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 exam-
ination  in a designated facility and may further order that the defend-
ant 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 infor-
mation 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  recommen-
dation  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 availabili-
ty 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 pursu-
ant 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  investi-
gation  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  adminis-
tration  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 repa-
ration 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  regu-
lations  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 execu-
tive law.
  * 6. Interim probation supervision. In any case where the court deter-
mines 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. When ordering that the defend-
ant 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 may impose any or all of the
conditions relating to conduct and rehabilitation specified in  subdivi-
sion  two  of  section  65.10  of  such law; provided, however, that 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.
  * NB Effective 98/10/05
.