As amended through October 28, 2024
Rule 3:21-2 - Presentence Procedure(a)Investigation. Before the imposition of a sentence or the granting of probation court support staff shall make a presentence investigation in accordance with N.J.S.A. 2C:44-6 and report to the court. The report shall contain all presentence material having any bearing whatever on the sentence and shall be furnished to the defendant and the prosecutor. (b)Examination. After the presentence investigation and before imposing sentence, the court may order, pursuant to N.J.S.A. 2C:44-6(c), a physical or mental examination of the defendant provided that the defendant may not be committed to an institution for the purpose of that examination. The examination report shall be furnished to the defendant and the prosecuting attorney. (c)Transmittal of Reports. If a custodial sentence is imposed, court staff shall, within fifteen days thereafter, transmit a copy of the presentence report and the examination report, if any, to the person in charge of the institution to which the defendant has been committed.Source-R.R. 3:7-10(b). Amended July 7, 1971 to be effective 9/13/1971; amended June 29, 1973 to be effective 9/10/1973; amended August 27, 1974 to be effective 9/9/1974; amended July 29, 1977 to be effective 9/6/1977; amended July 16, 1979 to be effective 9/10/1979; paragraph designations and new paragraph (b) adopted and paragraph (c) amended August 28, 1979, to be effective 9/1/1979; paragraph (a) amended September 28, 1982, to be effective immediately; paragraphs (a) and (c) amended July 14, 1992 to be effective 9/1/1992; paragraphs (a) and (b) amended July 13, 1994 to be effective 1/1/1995; paragraph (a) amended July 28, 2004 to be effective 9/1/2004; paragraph (a) amended July 28, 2017 to be effective 9/1/2017.