N.Y. Comp. Codes R. & Regs. tit. 9 § 350.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 350.9 - Special requirements for pre-plea investigation and report

(a) Order and Authorization to Conduct Investigation. The probation department shall conduct a pre-plea investigation only upon a court order and written authorization by the defendant, defendant's attorney, and the prosecuting attorney. Such written authorization and waiver for Pre-Plea Probation and Investigation and report (such as DCJS OPCA - 2.2A) shall include statements that no probation department personnel will be called to testify regarding information acquired by the probation department, that information obtained by the probation department may not be used in a subsequent trial, and that this exemption does not apply to defense or prosecutorial investigation material which may be included in the report.

(b) Scope of investigation and report. Generally, the investigation and body of the report shall conform to sections 350.6 and 350.7 of this Part. The recommendation shall take into account that at the time of report preparation there is no conviction. Where the defendant declines to discuss the current offense, whether on the advice of counsel or of their own volition, this shall be noted in the report.

(c) Relationship to pre-sentence investigation and report. Upon a conviction by plea, in all cases where a pre-sentence investigation is required by statute and whenever sentencing does not occur at the time of such conviction by plea, the pre-plea investigation and report may be utilized as a pre-sentence report unless the court orders that the report be updated, or, the probation department has learned of other relevant information. In such cases, an addendum may be attached to the pre-plea report.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 350.9

Amended New York State Register March 27, 2019/Volume XLI, Issue 13, eff. 3/27/2019