§ 23A-27-10 — Return of presentence report to court services officer--Filing with board of pardons and paroles, state correctional facility, sheriffs, and jail administrators--Use of information upon written order of judge.

Immediately following the imposition of sentence or the granting of probation, the defendant or the defendant's counsel and the prosecuting attorney shall return to the court services officer any presentence investigation report made available to the parties. When a person is sentenced to a state correctional facility, the court shall file a copy of the person's presentence report with the Board of Pardons and Paroles and the state correctional facility. Department of Corrections officials and the Board of Pardons and Paroles may utilize information contained in the report, including any pre - plea report being used as the presentence investigation report, for the development of a rehabilitation program for the individual. If a person is sentenced to jail on felony charges, the court shall file a copy of the presentence report with the sheriff or administrator of the jail. Jail officials may utilize information contained in the report, including any pre - plea report being used as the presentence investigation report for the safety and protection of the inmate, rehabilitation programs for the inmate, and assignments to various programs offered by the jail. However, the contents of the reports may not be disclosed to the individual without a written order from the sentencing judge or the sentencing judge's successor.

Legislative History

SL 1978, ch 178, § 342; SL 1987, ch 176; SL 1995, ch 133; SL 2023, ch 82, § 24.