46-18-112. Content of presentence investigation report.


     46-18-112. Content of presentence investigation report. (1) Whenever an investigation is required, the probation officer shall promptly inquire into and report upon:
     (a) the defendant's characteristics, circumstances, needs, and potentialities;
     (b) the defendant's criminal record and social history;
     (c) the circumstances of the offense;
     (d) the time of the defendant's detention for the offenses charged;
     (e) the harm caused, as a result of the offense, to the victim, the victim's immediate family, and the community; and
     (f) the victim's pecuniary loss, if any. The officer shall make a reasonable effort to confer with the victim to ascertain whether the victim has sustained a pecuniary loss. If the victim is not available or declines to confer, the officer shall record that information in the report.
     (2) All local and state mental and correctional institutions, courts, and law enforcement agencies shall furnish, upon request of the officer preparing a presentence investigation, the defendant's criminal record and other relevant information.
     (3) The court may, in its discretion, require that the presentence investigation report include a physical and mental examination of the defendant.
     (4) Upon sentencing, the court shall forward to the sheriff all information contained in the presentence investigation report concerning the physical and mental health of the defendant, and the information must be delivered with the defendant as required in 46-19-101.

     History: En. 95-2204 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2204; amd. Sec. 219, Ch. 800, L. 1991; amd. Sec. 41, Ch. 262, L. 1993; amd. Sec. 7, Ch. 125, L. 1995; amd. Sec. 1, Ch. 53, L. 2009.