(a)(1) On request of a court, a parole and probation agent of the Division shall:
(i) provide the court with a presentence investigation report;
(ii) conduct other investigations; and
(iii) perform other probationary services.
(2) Except on court order, a presentence investigation report is confidential and is not available for public inspection.
(3) On request, a presentence investigation report shall be made available to:
(i) the defendant;
(ii) the defendant's attorney;
(iii) the State's Attorney;
(iv) a correctional facility;
(v) a parole, probation, or pretrial release official of this State, any other state, or the United States;
(vi) a public or private mental health facility located in this State or any other state if the individual who is the subject of the report has been committed, or is being evaluated for commitment, to the facility for treatment as a condition of probation; or
(vii) a community substance abuse treatment provider located in this State or any other state if the individual who is the subject of the report will be treated or evaluated for treatment by the provider as a condition of probation.
(b)(1) If a circuit court is satisfied that a presentence investigation report would help the sentencing process, the court may order the Division to complete a report before:
(i) sentencing a defendant who is convicted of a felony or of a misdemeanor that resulted in serious physical injury or death to the victim to the jurisdiction of the Division of Correction; or
(ii) referring a defendant to the Patuxent Institution.
(2) The party that requests the report has the burden of establishing that the investigation should be ordered.
(3) If required under § 11-402 of the Criminal Procedure Article, the report shall include a victim impact statement.
(4) If the defendant has been convicted of a felony or misdemeanor that is related to the defendant's membership in a criminal organization, as defined in § 9-801 of the Criminal Law Article, the report may include information regarding the group affiliation of the defendant.
(c)(1) The Division shall complete a presentence investigation report in each case in which imprisonment for life without the possibility of parole is requested under § 2-203 of the Criminal Law Article.
(2) The report shall include a victim impact statement as provided under § 11-402 of the Criminal Procedure Article.
(3) The court or jury before which the separate sentencing proceeding is conducted under § 2-304 of the Criminal Law Article shall consider the report.
Credits
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 1999, c. 64, § 1, eff. Oct. 1, 1999; Acts 2001, c. 35, § 1, eff. Oct. 1, 2001; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2005, c. 313, § 1, eff. Oct. 1, 2005; Acts 2013, c. 156, § 3, eff. Oct. 1, 2013; Acts 2020, c. 422, § 1, eff. Oct. 1, 2020.
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
