21-6703. Presentence investigation and report.

363 words·~2 min read·/ks/chapter-21/21-6703

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Whenever a defendant is convicted of a misdemeanor, the court before which the conviction is had may request a presentence investigation by a court services officer. Whenever a defendant is convicted of a felony, the court shall require that a presentence investigation be conducted by a court services officer or in accordance with K.S.A. 21-6702 , and amendments thereto, unless the court finds that adequate and current information is available in a previous presentence investigation report or from other sources.

(b)Whenever a presentence report is requested, the court services officer, with the assistance of the county or district attorney, shall secure, except for good cause shown, information concerning:

(1)The circumstances of the offense and any mitigating or aggravating factors involved in the defendant's behavior;

(2)the attitude of the complainant or victim and, if possible in homicide cases, the victim's immediate family;

(3)the criminal record, social history and present condition of the defendant; and

(4)any other facts or circumstances that may aid the court in sentencing, which may include, but is not limited to, the financial, social, psychological, physical or other harm or loss suffered by victims of the offense and the restitution needs of such victims. Except where specifically prohibited by law, all local governmental and state agencies shall furnish to the officer conducting the presentence investigation any records requested by the officer. If ordered by the court, the presentence investigation shall include a physical and mental examination of the defendant.

(c)Presentence investigation reports shall be in the form and contain the information prescribed by rule of the supreme court, and shall contain any other information prescribed by the district court.

(d)The judicial administrator of the courts shall confer and consult with the secretary of corrections when considering changes or revisions in the form and content of presentence investigation reports so that the reports will be in such form and contain such information as will be of assistance to the secretary in exercising or performing the secretary's functions, powers and duties.

(e)The provisions of this section shall not apply to felony crimes committed on or after July 1, 1993.