State Codes and Statutes
Statutes > Utah > Title-64 > Chapter-13 > 64-13-2064-13-20. Investigative services -- Presentence investigation reports.
(1) The department shall:
(a) provide investigative services and prepare reports to:
(i) assist the courts in sentencing;
(ii) assist the Board of Pardons and Parole in its decision-making responsibilitiesregarding offenders;
(iii) assist the department in managing offenders; and
(iv) assure the professional and accountable management of the department;
(b) establish standards for providing investigative services based on available resources,giving priority to felony cases; and
(c) employ staff for the purpose of conducting:
(i) thorough presentence investigations of the social, physical, and mental conditions andbackgrounds of offenders; and
(ii) examinations when required by the court or the Board of Pardons and Parole.
(2) The department may provide recommendations concerning appropriate measures tobe taken regarding offenders.
(3) (a) The presentence investigation reports prepared by the department are protected asdefined in Section 63G-2-305 and after sentencing may not be released except by express courtorder or by rules made by the Department of Corrections.
(b) The reports are intended only for use by:
(i) the court in the sentencing process;
(ii) the Board of Pardons and Parole in its decisionmaking responsibilities; and
(iii) the department in the supervision, confinement, and treatment of the offender.
(4) Presentence investigation reports shall be made available upon request to othercorrectional programs within the state if the offender who is the subject of the report has beencommitted or is being evaluated for commitment to the facility for treatment as a condition ofprobation or parole.
(5) (a) The presentence investigation reports shall include a victim impact statement inall felony cases and in misdemeanor cases if the defendant caused bodily harm or death to thevictim.
(b) Victim impact statements shall:
(i) identify the victim of the offense;
(ii) itemize any economic loss suffered by the victim as a result of the offense;
(iii) identify any physical, mental, or emotional injuries suffered by the victim as a resultof the offense, and the seriousness and permanence;
(iv) describe any change in the victim's personal welfare or familial relationships as aresult of the offense;
(v) identify any request for mental health services initiated by the victim or the victim'sfamily as a result of the offense; and
(vi) contain any other information related to the impact of the offense upon the victim orthe victim's family that the court requires.
(6) If the victim is deceased; under a mental, physical, or legal disability; or otherwiseunable to provide the information required under this section, the information may be obtainedfrom the personal representative, guardian, or family members, as necessary.
(7) The department shall employ staff necessary to pursue investigations of complaints
from the public, staff, or offenders regarding the management of corrections programs.
Amended by Chapter 81, 2009 General Session
