Section 217.760

Title XIII CORRECTIONAL AND PENAL INSTITUTIONS

Chapter 217

Effective - 28 Aug 2018, 3 histories   

  217.760.  Probation and parole officers furnished to circuit courts, when — presentence and preparole investigations — requirements. — 1.  In all felony cases and class A misdemeanor cases, the basis of which misdemeanor cases are contained in chapters 565 and 566 and section 577.023, at the request of a circuit judge of any circuit court, the division of probation and parole shall assign one or more state probation and parole officers to make an investigation of the person convicted of the crime or offense before sentence is imposed.  In all felony cases in which the recommended sentence established by the sentencing advisory commission pursuant to subsection 7^* of section 558.019 includes probation but the recommendation of the prosecuting attorney or circuit attorney does not include probation, the division of probation and parole shall, prior to sentencing, provide the judge with a report on available alternatives to incarceration.  If a presentence investigation report is completed then the available alternatives shall be included in the presentence investigation report.

  2.  The report of the presentence investigation or preparole investigation shall contain any prior criminal record of the defendant and such information about his or her characteristics, his or her financial condition, his or her social history, the circumstances affecting his or her behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant, information concerning the impact of the crime upon the victim, the recommended sentence established by the sentencing advisory commission and available alternatives to incarceration including opportunities for restorative justice, as well as a recommendation by the probation and parole officer.  The officer shall secure such other information as may be required by the court and, whenever it is practicable and needed, such investigation shall include a physical and mental examination of the defendant.

­­--------

(L. 1982 H.B. 1196 § 127, A.L. 1984 S.B. 611, A.L. 1989 H.B. 408, A.L. 1990 H.B. 974, A.L. 2003 S.B. 5, A.L. 2018 H.B. 1355)

*Statutory reference to subsection "6" changed to "7" in accordance with section 3.060 based on renumbering within section 558.019 in H.B. 192, 2019.