Section 557.026

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 557

Effective - 13 Aug 1986, 2 histories, see footnote   (history) 

  *557.026.  Until December 31, 2016 — Presentence investigation and report — inquiry of victim, when. — 1.  When a probation officer is available to any court, such probation officer shall, unless waived by the defendant, make a presentence investigation in all felony cases and report to the court before any authorized disposition under section 557.011.  In all class A misdemeanor cases a probation officer shall, if directed by the court, make a presentence investigation and report to the court before any authorized disposition under section 557.011.  The report shall not be submitted to the court or its contents disclosed to anyone until the defendant has pleaded guilty or been found guilty.

  2.  The presentence investigation report shall be prepared, presented and utilized as provided by rule of court, except that no court shall prevent the defendant or the attorney for the defendant from having access to the complete presentence investigation report and recommendations before any authorized disposition under section 557.011.

  3.  The defendant shall not be obligated to make any statement to a probation officer in connection with any presentence investigation hereunder.

  4.  When the jury enters a finding of guilty and assesses punishment, the probation officer shall, as part of the presentence investigation, inquire of the victim of the offense for which such punishment was assessed of the facts of the offense and any personal injury or financial loss incurred by the victim.  If the victim is dead or otherwise unable to make a statement, the probation officer shall attempt to obtain such information from a member of the immediate family of the victim.

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(L. 1977 S.B. 60, A.L. 1984 S.B. 611, A.L. 1986 S.B. 618 & 562)

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.

CROSS REFERENCE:

Juvenile court records available for presentence investigation, certain cases, 211.321