21-4604. Presentence investigation and report.
21-4604
21-4604. Presentence investigation and report.(a) Whenever a defendant is convicted of a misdemeanor, the courtbefore which the conviction is had may request a presentence investigationby a court services officer. Whenever a defendant is convictedof a felony, thecourt shall require that a presentence investigation be conducted by a courtservices officer or in accordance with K.S.A.21-4603, and amendments thereto,unless the court finds that adequate and current information isavailable in a previous presentence investigation report or from othersources.
(b) Whenever a presentence report is requested,the court services officer, with the assistance of the county or districtattorney,shall secure, except for good cause shown,information concerning: (1) The circumstances of the offense andany mitigating or aggravating factors involved in the defendant's behavior; (2)the attitude of the complainant or victim and, if possible inhomicide cases, the victim's immediatefamily; (3) the criminal record,social history and present condition of the defendant; and (4) anyother facts or circumstances that may aid the court in sentencing, which mayinclude, but is not limited to, the financial, social, psychological,physical or other harm or loss suffered by victims of the offense and therestitution needs of such victims.Except wherespecifically prohibited by law, all local governmental and stateagencies shall furnish to the officer conducting the presentenceinvestigation any records requested by the officer. If ordered bythe court, the presentence investigation shall include a physical andmental examination of the defendant.
(c) Presentence investigation reports shall be in the form andcontain the information prescribed by rule of the supreme court, andshall contain any other information prescribed by thedistrict court.
(d) The judicial administrator of the courts shall confer andconsult with the secretary of corrections when considering changes orrevisions in the form and content of presentence investigation reportsso that the reports will be in such form and contain such information aswill be of assistance to the secretary in exercising or performing thesecretary's functions, powers and duties.
(e) The provisions of this section shall not apply to felony crimescommitted on or after July 1, 1993.
History: L. 1969, ch. 180, § 21-4604; L. 1970, ch. 124, § 12;L. 1978, ch. 120, § 6; L. 1980, ch. 101, § 1; L. 1984, ch. 112, § 5;L. 1985, ch. 110, § 1;L. 1991, ch. 90, § 1;L. 1992, ch. 239, § 239;L. 1993, ch. 291, § 184;L. 1994, ch. 291, § 45; July 1.