The court, in its discretion and considering all the appropriate circumstances, may waive the medical history and psychological examination in any case in which a term of imprisonment including a period of parole ineligibility is imposed. In any case involving a conviction of N.J.S. 2C:24-4, endangering the welfare of a child; N.J.S. 2C:18-3, criminal trespass, where the trespass was committed in a school building or on school property; section 1 of P.L. 1993, c. 291(C.2C:13-6), attempting to lure or entice a child with purpose to commit a criminal offense; section 1 of P.L. 1992, c. 209(C.2C:12-10), stalking; or N.J.S. 2C:13-1, kidnapping, where the victim of the offense is a child under the age of 18, the investigation shall include a report on the defendant's mental condition.
The presentence investigation shall also include information regarding the defendant's history of substance use disorder and substance use disorder treatment, if any, including whether the defendant has sought treatment in the past. If any of the factors listed in subsection b. of section 1 of P.L. 2012, c. 23(C.2C:35-14.1) apply, the presentence report shall also include consideration of whether the defendant may be a person with a substance use disorder as defined in N.J.S. 2C:35-2.
The presentence investigation shall include an analysis of whether the defendant should be required to submit to a professional diagnostic assessment within the meaning of paragraph (1) of subsection a. of N.J.S. 2C:35-14 in any case where: the defendant may be a person with a substance use disorder as defined in N.J.S. 2C:35-2; the defendant is eligible to be considered for a sentence to special probation pursuant to N.J.S. 2C:35-14; and the court has not already ordered the defendant to submit to any such diagnostic assessment in regard to the pending matter.
The presentence report shall also include a report on any compensation paid by the Victims of Crime Compensation Agency as a result of the commission of the offense and, in any case where the victim chooses to provide one, a statement by the victim of the offense for which the defendant is being sentenced. The statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss to include loss of earnings or ability to work suffered by the victim and the effect of the crime upon the victim's family. The probation department shall notify the victim or nearest relative of a homicide victim of his right to make a statement for inclusion in the presentence report if the victim or relative so desires. Any such statement shall be made within 20 days of notification by the probation department.
The presentence report shall specifically include an assessment of the gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, disability, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance.
N.J.S. § 2C:44-6