21-4714. Presentence investigation report; information included; part of court record; confidential information, disclosure to certain parties; report format.
21-4714
21-4714. Presentence investigation report;information included; part of court record; confidential information,disclosure to certain parties; report format.(a) The court shall order thepreparation of the presentence investigationreport by thecourt services officer as soon as possible after conviction of the defendant.
(b) Each presentence report prepared for an offender to be sentenced for oneor more felonies committed on or after July 1, 1993, shall be limited to thefollowing information:
(1) A summary of the factual circumstances of the crime or crimes ofconviction.
(2) If the defendant desires to do so, a summary of the defendant's versionof the crime.
(3) When there is an identifiable victim, a victim report. The personpreparing the victim report shall submit the report to the victim and requestthat the information be returned to besubmitted as a part of the presentence investigation. To the extent possible,the report shall include a complete listing of restitution fordamages suffered by the victim.
(4) An appropriate classification of each crime of convictionon the crime severity scale.
(5) A listing of prior adultconvictions or juvenile adjudicationsfor felony or misdemeanor crimes or violations of countyresolutions or city ordinances comparable to any misdemeanor defined by statelaw. Such listing shall include an assessment of theappropriate classification of the criminalhistory on the criminal history scaleand the source of information regarding each listed prior conviction and anyavailable source of journalentries or other documents through which the listed convictions may beverified. If any such journal entries or other documents are obtained by thecourt services officer, they shall be attached to the presentence investigationreport. Any prior criminal history worksheets of the defendant shall also beattached.
(6) A proposed grid block classification for each crime, orcrimes of conviction and the presumptive sentence for each crime, or crimes ofconviction.
(7) If the proposed grid block classification is a grid block which presumesimprisonment, the presumptive prison term range and the presumptive duration ofpostprison supervision as it relates to the crime severity scale.
(8) If the proposed grid block classification does not presume prison, thepresumptive prison term range and the presumptive duration of the nonprisonsanction as it relates to the crime severity scale and the court servicesofficer's professional assessment as to recommendations for conditions to bemandated as part of the nonprison sanction.
(9) For defendants who are being sentenced for a conviction of a felonyviolation of K.S.A. 65-4160 or 65-4162, prior to such section's repeal, orK.S.A. 2009 Supp. 21-36a06, and amendments thereto, and meet therequirements ofK.S.A. 21-4729, and amendments thereto, the drug abuseassessment as provided inK.S.A. 21-4729, and amendments thereto.
(10) For defendants who are being sentenced for a third or subsequentfelony convictionof aviolation of K.S.A. 65-4160 or 65-4162, prior to such section's repeal, orK.S.A. 2009 Supp. 21-36a06, and amendments thereto, the drugabuseassessment as provided in K.S.A. 21-4729, and amendments thereto.
(c) The presentence report will become part of the courtrecord andshall be accessible to the public, except that theofficial version, defendant's version and the victim'sstatement,any psychological reports, risk and needs assessments and drug andalcohol reports and assessmentsshall be accessible only to the parties, the sentencing judge,the department of corrections, and if requested, the Kansas sentencingcommission. If the offender is committed to the custody of the secretary ofcorrections, the report shall be sent to the secretary and, in accordance withK.S.A. 75-5220 and amendments thereto to the warden of the state correctionalinstitution to which the defendant is conveyed.
(d) The criminal history worksheet will not substitute as apresentence report.
(e) The presentence report will not include optional report components,which would be subject to the discretion of the sentencing court in eachdistrict except for psychological reports and drug and alcohol reports.
(f) Except as provided in K.S.A. 21-4715, and amendments thereto, thecourt can take judicial notice in a subsequentfelony proceeding of an earlier presentence reportcriminal history worksheetprepared for a prior sentencing of thedefendant for a felony committed on or after July 1, 1993.
(g) All presentence reports in any case in which the defendant has beenconvicted of a felony shall be ona form approved by the Kansas sentencing commission.
History: L. 1992, ch. 239, § 14;L. 1993, ch. 291, § 262;L. 1994, ch. 291, § 57;L. 1994, ch. 341, § 16;L. 1996, ch. 258, § 5;L. 2003, ch. 135, § 5;L. 2006, ch. 172, § 3;L. 2007, ch. 195, § 13;L. 2008, ch. 183, § 6;L. 2009, ch. 132, § 12; July 1.