I. No person convicted of a felony and no person convicted of a felony or misdemeanor who is a member or veteran of the armed forces, shall be sentenced before a written report of a presentence investigation has been presented to and considered by the court, unless waived by defendant and the state, or by the court. The court may, in its discretion, order a presentence investigation for a defendant convicted of a misdemeanor; provided that, upon the recommendation of the prosecution, the court shall order a presentence investigation report where the misdemeanor was violent and the court has reason to believe that the defendant committed a similar act within the past year. The report shall include a recommendation as to disposition, together with reference to such material disclosed by the investigation as supports such recommendation. II. Before imposing sentence, the court shall take such steps as may be necessary so that the defendant is advised, by his counsel or otherwise, as the situation warrants, of the factual contents of any presentence investigation, and afforded a fair opportunity to controvert them. The sources of confidential information need not, however, be disclosed.
I. No person convicted of a felony and no person convicted of a felony or misdemeanor who is a member or veteran of the armed forces, shall be sentenced before a written report of a presentence investigation has been presented to and considered by the court, unless waived by defendant and the state, or by the court. The court may, in its discretion, order a presentence investigation for a defendant convicted of a misdemeanor; provided that, upon the recommendation of the prosecution, the court shall order a presentence investigation report where the misdemeanor was violent and the court has reason to believe that the defendant committed a similar act within the past year. The report shall include a recommendation as to disposition, together with reference to such material disclosed by the investigation as supports such recommendation. II. Before imposing sentence, the court shall take such steps as may be necessary so that the defendant is advised, by his counsel or otherwise, as the situation warrants, of the factual contents of any presentence investigation, and afforded a fair opportunity to controvert them. The sources of confidential information need not, however, be disclosed.
I. No person convicted of a felony and no person convicted of a felony or misdemeanor who is a member or veteran of the armed forces, shall be sentenced before a written report of a presentence investigation has been presented to and considered by the court, unless waived by defendant and the state, or by the court. The court may, in its discretion, order a presentence investigation for a defendant convicted of a misdemeanor; provided that, upon the recommendation of the prosecution, the court shall order a presentence investigation report where the misdemeanor was violent and the court has reason to believe that the defendant committed a similar act within the past year. The report shall include a recommendation as to disposition, together with reference to such material disclosed by the investigation as supports such recommendation. II. Before imposing sentence, the court shall take such steps as may be necessary so that the defendant is advised, by his counsel or otherwise, as the situation warrants, of the factual contents of any presentence investigation, and afforded a fair opportunity to controvert them. The sources of confidential information need not, however, be disclosed.
