Rule 4.411. Presentence investigations and reports

(a) When required As provided in subdivision (b), the court must refer the case to the probation officer for:

(1) A presentence investigation and report if the defendant:

(A) Is statutorily eligible for probation or a term of imprisonment in county jail under section 1170(h); or

(B) Is not eligible for probation but a report is needed to assist the court with other sentencing issues, including the determination of the proper amount of restitution fine;

(2) A supplemental report if a significant period of time has passed since the original report was prepared.

(b) Waiver of the investigation and report The parties may stipulate to the waiver of the probation officer’s investigation and report in writing or in open court and entered in the minutes, and with the consent of the court. In deciding whether to consent to the waiver, the court should consider whether the information in the report would assist in the resolution of any current or future sentencing issues, or would assist in the effective supervision of the person. A waiver under this section does not affect the requirement under section 1203c that a probation report be created when the court commits a person to state prison.

Committee Notes

(Subd (a) amended effective January 1, 2018; previously amended effective January 1, 2007, and January 15, 2015.)

(Subd (b) amended effective January 1, 2018; previously amended effective January 1, 2015.)