§706-601 Pre-sentence diagnosis and report. (1) Except as provided in subsections (3) and (4), the court shall order a pre- sentence correctional diagnosis of the defendant and accord due consideration to a written report of the diagnosis before imposing sentence where:
(a) The defendant has been convicted of a felony; or
(b) The defendant is less than twenty-two years of age and has been convicted of a crime.
(2) The court may order a pre-sentence diagnosis in any other case.
(3) With the consent of the court, the requirement of a pre-sentence diagnosis may be waived by agreement of both the defendant and the prosecuting attorney.
(4) The court on its own motion may waive a pre-sentence correctional diagnosis where:
(a) A prior pre-sentence diagnosis was completed within one year preceding the sentencing in the instant case;
(b) The defendant is being sentenced for murder or attempted murder in any degree; or
(c) The sentence was agreed to by the parties and approved by the court under rule 11 of the Hawaii rules of penal procedure. [L 1972, c 9, pt of §1; am L 1986, c 314, §11; am L 1997, c 275, §1]