Presentence investigation report -- Classification of presentence investigation report -- Evidence or other information at sentencing.
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(1) Before the imposition of a sentence, the court may:
(a) upon agreement of the defendant, continue the date for the imposition of the sentence for a reasonable period of time for the purpose of obtaining a presentence investigation report from the department or information from other sources about the defendant; and
(b) if the defendant is convicted of a felony or a class A misdemeanor, request that the department prepare a presentence investigation report for the defendant.
(2) If a presentence investigation report is required under the standards established by the department described in Section 77-18-109, the presentence investigation report under Subsection (1) shall include:
(a) any impact statement provided by a victim as described in Subsection 77-38b-203(3)(c);
(b) information on restitution as described in Subsection 77-38b-203(3)(a) and (b);
(c) findings from any screening and any assessment of the defendant conducted under Section 77-18-104;
(d) recommendations for treatment for the defendant; and
(e) the number of days since the commission of the offense that the defendant has spent in the custody of the jail and the number of days, if any, the defendant was released to a supervised release program or an alternative incarceration program under Section 17-22-5.5.
(3) The department shall provide the presentence investigation report to the defendant's attorney, or the defendant if the defendant is not represented by counsel, the prosecuting attorney, and the court for review within three working days before the day on which the defendant is sentenced.
(4)
(a)
(i) If there is an alleged inaccuracy in the presentence investigation report that is not resolved by the parties and the department before sentencing:
(A) the alleged inaccuracy shall be brought to the attention of the court at sentencing; and
(B) the court may grant an additional 10 working days after the day on which the alleged inaccuracy is brought to the court's attention to allow the parties and the department to resolve the alleged inaccuracy in the presentence investigation report.
(ii) If the court does not grant additional time under Subsection (4)(a)(i)(B), or the alleged inaccuracy cannot be resolved after 10 working days, and if the court finds that there is an inaccuracy in the presentence investigation report, the court shall:
(A) enter a written finding as to the relevance and accuracy of the challenged portion of the presentence investigation report; and
(B) provide the written finding to the Division of Adult Probation and Parole.
(b) The Division of Adult Probation and Parole shall attach the written finding to the presentence investigation report as an addendum.
(c) If a party fails to challenge the accuracy of the presentence investigation report at the time of sentencing, the matter shall be considered waived.
(5) The contents of the presentence investigation report are protected and not available except by court order for purposes of sentencing as provided by rule of the Judicial Council or for use by the department.
(6)
(a) A presentence investigation report is classified as protected in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
(b) Notwithstanding Sections 63G-2-403 and 63G-2-404, the State Records Committee may not order the disclosure of a presentence investigation report.
(7) Except for disclosure at the time of sentencing in accordance with this section, the department may disclose a presentence investigation only when:
(a) ordered by the court in accordance with Subsection 63G-2-202(7);
(b) requested by a law enforcement agency or other agency approved by the department for purposes of supervision, confinement, and treatment of a defendant;
(c) requested by the board;
(d) requested by the subject of the presentence investigation report or the subject's authorized representative;
(e) requested by the victim of the offense discussed in the presentence investigation report, or the victim's authorized representative, if the disclosure is only information relating to:
(i) statements or materials provided by the victim;
(ii) the circumstances of the offense, including statements by the defendant; or
(iii) the impact of the offense on the victim or the victim's household; or
(f) requested by a sex offender treatment provider:
(i) who is certified to provide treatment under the certification program established in Subsection 64-13-25(3);
(ii) who is providing, at the time of the request, sex offender treatment to the offender who is the subject of the presentence investigation report; and
(iii) who provides written assurance to the department that the report:
(A) is necessary for the treatment of the defendant;
(B) will be used solely for the treatment of the defendant; and
(C) will not be disclosed to an individual or entity other than the defendant.
(8)
(a) At the time of sentence, the court shall receive any testimony, evidence, or information that the defendant or the prosecuting attorney desires to present concerning the appropriate sentence.
(b) Testimony, evidence, or information under Subsection (8)(a) shall be presented in open court on record and in the presence of the defendant.