Rule 26.3 - Presentence Report(a) In General. A presentence investigation may be conducted and a report thereof shall be made as required for cases where the court has discretion in imposition of sentence. Contents of this report shall be disclosed only to the parties. A copy of said report shall be delivered to both the prosecutor and the defendant or the defense attorney within a reasonable time prior to sentencing so as to afford a reasonable opportunity for verification of the material. Prior to the sentencing proceeding, each party is required to notify the opposing party and the court of any part of the presentence report which the party intends to controvert by the production of evidence.(b) Content. The presentence report may contain, but is not limited to, the following information: (1) a description of the offense and the circumstances surrounding it, not limited to aspects developed for the record as part of the determination of guilt;(2) any prior criminal convictions of the defendant, or juvenile adjudications of delinquency;(3) a statement considering the economic, physical, and psychological impact of the offense on the victim and the victim's immediate family;(4) the defendant's financial condition;(5) the defendant's educational background;(6) a description of the defendant's employment background, including any military record and present employment status and capabilities;(7) the social history of the defendant, including family relationships, marital status, residence history, and alcohol or drug use;(8) information about environments to which the defendant might return or to which the defendant could be sent should probation be granted;(9) information about special resources which might be available to assist the defendant, such as treatment centers, rehabilitative programs, or vocational training centers;(10) a physical and mental examination of the defendant, if ordered by the court; and(11) any other information required by the court.(c) Excluded Content. The report shall not include: (1) sources of information obtained on a promise of confidentiality; or(2) information which would disrupt an existing police investigation.(d) Special Duty of the Prosecuting Attorney. The prosecuting attorney shall disclose to the defendant any information within the prosecuting attorney's possession or control, not already disclosed, which would tend to reduce the punishment to be imposed.Comment
Section (b) embraces former Rule 11.02 of the Uniform Rules of Circuit and County Court, with two (2) additions. Section (b)(3) now provides for a statement about the impact of the offense on the victim and the victim's immediate family. Section (b)(7) now provides for the report to include information about the defendant's alcohol or drug use.