Montana § 46-18-112 Content Of Presentence Investigation Report

Montana Statutes

§ 46-18-112 — Content Of Presentence Investigation Report

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 18 SENTENCE AND JUDGMENT·Part 1 Policy and Preliminary Procedure

46-18-112 . Content of presentence investigation report.

(1)Whenever an investigation is requested by the court, the probation and parole officer shall promptly inquire into and report upon:

(a)the defendant's characteristics, circumstances, needs, and potentialities, as reflected in a validated risk and needs assessment;

(b)the defendant's criminal record and social history;

(c)the circumstances of the offense;

(d)the time of the defendant's detention for the offenses charged;

(e)the harm caused, as a result of the offense, to the victim, the victim's immediate family, and the community; and

(f)the victim's pecuniary loss, if any. The officer shall make a reasonable effort to confer with the victim to ascertain whether the victim has sustained a pecuniary loss. If the victim is not

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46-18-112 . Content of presentence investigation report. (1) Whenever an investigation is requested by the court, the probation and parole officer shall promptly inquire into and report upon:
(a) the defendant's characteristics, circumstances, needs, and potentialities, as reflected in a validated risk and needs assessment;
(b) the defendant's criminal record and social history;
(c) the circumstances of the offense;
(d) the time of the defendant's detention for the offenses charged;
(e) the harm caused, as a result of the offense, to the victim, the victim's immediate family, and the community; and
(f) the victim's pecuniary loss, if any. The officer shall make a reasonable effort to confer with the victim to ascertain whether the victim has sustained a pecuniary loss. If the victim is not available or declines to confer, the officer shall record that information in the report.
(2) The following information pertaining to the defendant may also be included or considered in the report:
(a) prior criminal history;
(b) probation or parole history;
(c) official version of the offense or offenses;
(d) custody status;
(e) pending cases or charges against the defendant;
(f) probation officer recommendations;
(g) gang affiliation;
(h) background and ties to the community;
(i) history of substance use disorder;
(j) physical and mental health;
(k) employment history and status;
(l) education history; and
(m) prescreening and placement options.
(3) All local and state mental and correctional institutions, courts, and law enforcement agencies shall furnish, upon request of the officer preparing a presentence investigation, the defendant's criminal record and other relevant information.
(4) The court may, in its discretion, require that the presentence investigation report include a physical and mental examination of the defendant.
(5) Upon sentencing, the court shall forward to the sheriff all information contained in the presentence investigation report concerning the physical and mental health of the defendant, and the information must be delivered with the defendant as required in 46-19-101 .

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Legislative History

En. 95-2204 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2204; amd. Sec. 219, Ch. 800, L. 1991; amd. Sec. 41, Ch. 262, L. 1993; amd. Sec. 7, Ch. 125, L. 1995; amd. Sec. 1, Ch. 53, L. 2009; amd. Sec. 2, Ch. 199, L. 2017; amd. Sec. 13, Ch. 456, L. 2019.