532.050 Presentence procedure for felony conviction

532.050 Presentence procedure for felony conviction.

(1) No court shall impose sentence for conviction of a felony, other than a capital

offense, without first ordering a presentence investigation after conviction and

giving due consideration to a written report of the investigation. The presentence

investigation report shall not be waived; however, the completion of the presentence

investigation report may be delayed until after sentencing upon the written request

of the defendant if the defendant is in custody.

(2) The report shall be prepared and presented by a probation officer and shall include:

(a) The results of the defendant's risk and needs assessment;

(b) An analysis of the defendant's history of delinquency or criminality, physical

and mental condition, family situation and background, economic status,

education, occupation, and personal habits;

(c) A preliminary calculation of the credit allowed the defendant for time spent in

custody prior to the commencement of a sentence under KRS 532.120; and

(d) Any other matters that the court directs to be included.

(3) Before imposing sentence for a felony conviction, the court may order the defendant

to submit to psychiatric observation and examination for a period not exceeding

sixty (60) days. The defendant may be remanded for this purpose to any available

clinic or mental hospital or the court may appoint a qualified psychiatrist to make

the examination.

(4) If the defendant has been convicted of a sex crime, as defined in KRS 17.500, prior

to determining the sentence or prior to final sentencing for youthful offenders, the

court shall order a comprehensive sex offender presentence evaluation of the

defendant to be conducted by an approved provider, as defined in KRS 17.500, the

Department of Corrections, or the Department of Juvenile Justice if the defendant is

a youthful offender. The comprehensive sex offender presentence evaluation shall

provide to the court a recommendation related to the risk of a repeat offense by the

defendant and the defendant's amenability to treatment and shall be considered by

the court in determining the appropriate sentence. A copy of the comprehensive sex

offender presentence evaluation shall be furnished to the court, the

Commonwealth's attorney, and to counsel for the defendant. If the defendant is

eligible and the court suspends the sentence and places the defendant on probation

or conditional discharge, the provisions of KRS 532.045(3) to (8) shall apply. All

communications relative to the comprehensive sex offender presentence evaluation

and treatment of the sex offender shall fall under the provisions of KRS 197.440

and shall not be made a part of the court record subject to review in appellate

proceedings. The defendant shall pay for any comprehensive sex offender

presentence evaluation or treatment required pursuant to this section up to the

defendant's ability to pay but no more than the actual cost of the comprehensive sex

offender presentence evaluation or treatment.

(5) The presentence investigation report shall identify the counseling treatment,

educational, and rehabilitation needs of the defendant and identify community-

based and correctional-institutional-based programs and resources available to meet

those needs or shall identify the lack of programs and resources to meet those needs.

(6) Before imposing sentence, the court shall advise the defendant or his or her counsel

of the factual contents and conclusions of any presentence investigation or

psychiatric examinations and afford a fair opportunity and a reasonable period of

time, if the defendant so requests, to controvert them. The court shall provide the

defendant's counsel a copy of the presentence investigation report. It shall not be

necessary to disclose the sources of confidential information.