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Rule 26.6. Court Disclosure of Reports Before Sentencing

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: July 1, 2023

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VII. Post-Verdict Proceedings
Rule 26. Judgment, Presentence Report, Presentencing Hearing, Sentence (Refs & Annos)
Effective: July 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 26.6
Rule 26.6. Court Disclosure of Reports Before Sentencing
Currentness
(a) Disclosure to the Parties. The court must permit the State, defense counsel, and a self-represented defendant to review all presentence, diagnostic, and mental health reports concerning the defendant. If the court makes a portion of any report unavailable to one party, it must not make that portion available to any other party.
(b) Date of Disclosure. A report prepared under Rule 26.7(c) must be available to the parties no later than two days after it is delivered to the court and no less than two days before a presentencing hearing, unless the parties agree otherwise.
(c) Excision.
(1) Generally. The court may excise from copies of presentence, diagnostic and mental health reports disclosed to the parties:
(A) diagnostic opinions that might seriously disrupt a program of rehabilitation;
(B) sources of information obtained on a promise of confidentiality; and
(C) information that would disrupt an ongoing law enforcement investigation.
(2) Disclosure. The court must inform the parties if a portion of a report is not disclosed, and must state on the record its reasons for not disclosing it.
(d) Court Disclosure of Reports After Sentencing.
(1) Disclosure to Personnel Responsible for the Defendant. After sentencing, the court must furnish to persons having direct responsibility for the defendant's custody, rehabilitation, treatment, or release all diagnostic, mental health, and presentence reports, except for portions excised under (d)(1)(B) and (C).
(2) Disclosure to Courts. The court must make an unexcised version of any report listed in (e)(1) available to:
(A) a reviewing court when a relevant issue has been raised; and
(B) a court sentencing the defendant after a later conviction.
(e) Public Disclosure of Reports. A report prepared under Rules 26.4, 26.5, or 26.7(c) is a public record unless the court orders otherwise or it is confidential by law.
(v) Victims' Rights. The court must permit the victim to read the presentence report, excluding any portions the court excises or that are confidential by law, after it makes the report available to the defendant. If the victim requests, the prosecutor must provide the victim with an excised copy of the report.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Dec. 8, 2022, effective July 1, 2023.
16A A. R. S. Rules Crim. Proc., Rule 26.6, AZ ST RCRP Rule 26.6
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
End of Document