Rule 4.411. Presentence investigations and reports
(a) Eligible defendant
If the defendant is eligible for probation, the court must refer the matter to the probation officer for a presentence investigation and report. Waivers of the presentence report should not be accepted except in unusual circumstances.
(Subd (a) amended effective January 1, 2007.)
(b) Ineligible defendant
Even if the defendant is not eligible for probation, the court should refer the matter to the probation officer for a presentence investigation and report.
(c) Supplemental reports
The court must order a supplemental probation officer's report in preparation for sentencing proceedings that occur a significant period of time after the original report was prepared.
(Subd (c) amended effective January 1, 2007.)
(d) Purpose of presentence investigation report
Probation officers' reports are used by judges in determining the appropriate length of a prison sentence and by the Department of Corrections and Rehabilitation, Division of Adult Operations in deciding on the type of facility and program in which to place a defendant, and are also used in deciding whether probation is appropriate. Section 1203c requires a probation officer's report on every person sentenced to prison; ordering the report before sentencing in probation-ineligible cases will help ensure a well-prepared report.
(Subd (d) amended effective January 1, 2007; previously amended effective January 1, 2006.)
Rule 4.411 amended effective January 1, 2007; adopted as rule 418 effective July 1, 1977; previously amended and renumbered as rule 411 effective January 1, 1991; previously renumbered effective January 1, 2001; previously amended effective January 1, 2006.
Advisory Committee Comment
Section 1203 requires a presentence report in every felony case in which the defendant is eligible for probation. Because such a probation investigation and report are valuable to the judge and to the jail and prison authorities, waivers of the report and requests for immediate sentencing are discouraged, even when the defendant and counsel have agreed to a prison sentence.
Notwithstanding a defendant's statutory ineligibility for probation, a presentence investigation and report should be ordered to assist the court in deciding the appropriate sentence and to facilitate compliance with section 1203c.
This rule does not prohibit pre-conviction, pre-plea reports as authorized by section 1203.7.
Subdivision (c) is based on case law that generally requires a supplemental report if the defendant is to be resentenced a significant time after the original sentencing, as, for example, after a remand by an appellate court, or after the apprehension of a defendant who failed to appear at sentencing. The rule is not intended to expand on the requirements of those cases.
The rule does not require a new investigation and report if a recent report is available and can be incorporated by reference and there is no indication of changed circumstances. This is particularly true if a report is needed only for the Department of Corrections and Rehabilitation because the defendant has waived a report and agreed to a prison sentence. If a full report was prepared in another case in the same or another jurisdiction within the preceeding six months, during which time the defendant was in custody, and that report is available to the Department of Corrections and Rehabilitation, it is unlikely that a new investigation is needed.