§ 15-22-51 — Investigation by Probation Officer

(a)(1) When directed by the court, a probation officer or specialist shall conduct an investigation, using a validated risk and needs assessment as defined in Section 12-25-32, and provide a written report to the court containing all of the following information:
a. The circumstances of the offense.
b. The defendant’s criminal record.
c. The defendant’s social history.
d. The defendant’s present condition.
e. If practicable, a physical and mental examination of the defendant.
(2) No defendant, unless otherwise directed by the court, shall be placed on probation or released under suspension of sentence until the report of investigation, as required in subdivision (1), is presented to and considered by the court.
(3)a. After conviction, the court may continue the case for any amount of time reasonably necessary to enable the probation officer or specialist to conduct the investigation and generate the written report of investigation.
b. If a defendant was on bond prior to the trial and an application for probation was made to the court, the judge may suspend the execution of the sentence pending the disposition of the application for probation and may allow the defendant to remain under the same bond or the judge may raise or lower the bond.
(b) If the defendant is sentenced to the custody of the Department of Corrections, a copy of the report of investigation shall be provided to the department when the department takes custody of the defendant.

Legislative History

(Acts 1939, No. 278, p. 434; Code 1940, T. 42, §21; Acts 1956, 2nd Ex. Sess., No. 28, p. 298; Act 2015-185, p. 476, §3; Act 2023-364, §1.)