18 U.S.C. § 3552 : US Code - Section 3552: Presentence reports

Search 18 U.S.C. § 3552 : US Code - Section 3552: Presentence reports

(a) Presentence Investigation and Report by Probation Officer. -
A United States probation officer shall make a presentence
investigation of a defendant that is required pursuant to the
provisions of Rule 32(c) of the Federal Rules of Criminal
Procedure, and shall, before the imposition of sentence, report the
results of the investigation to the court.
(b) Presentence Study and Report by Bureau of Prisons. - If the
court, before or after its receipt of a report specified in
subsection (a) or (c), desires more information than is otherwise
available to it as a basis for determining the sentence to be
imposed on a defendant found guilty of a misdemeanor or felony, it
may order a study of the defendant. The study shall be conducted in
the local community by qualified consultants unless the sentencing
judge finds that there is a compelling reason for the study to be
done by the Bureau of Prisons or there are no adequate professional
resources available in the local community to perform the study.
The period of the study shall be no more than sixty days. The order
shall specify the additional information that the court needs
before determining the sentence to be imposed. Such an order shall
be treated for administrative purposes as a provisional sentence of
imprisonment for the maximum term authorized by section 3581(b) for
the offense committed. The study shall inquire into such matters as
are specified by the court and any other matters that the Bureau of
Prisons or the professional consultants believe are pertinent to
the factors set forth in section 3553(a). The period of the study
may, in the discretion of the court, be extended for an additional
period of not more than sixty days. By the expiration of the period
of the study, or by the expiration of any extension granted by the
court, the United States marshal shall, if the defendant is in
custody, return the defendant to the court for final sentencing.
The Bureau of Prisons or the professional consultants shall provide
the court with a written report of the pertinent results of the
study and make to the court whatever recommendations the Bureau or
the consultants believe will be helpful to a proper resolution of
the case. The report shall include recommendations of the Bureau or
the consultants concerning the guidelines and policy statements,
promulgated by the Sentencing Commission pursuant to 28 U.S.C.
994(a), that they believe are applicable to the defendant's case.
After receiving the report and the recommendations, the court shall
proceed finally to sentence the defendant in accordance with the
sentencing alternatives and procedures available under this
chapter.
(c) Presentence Examination and Report by Psychiatric or
Psychological Examiners. - If the court, before or after its
receipt of a report specified in subsection (a) or (b) desires more
information than is otherwise available to it as a basis for
determining the mental condition of the defendant, the court may
order the same psychiatric or psychological examination and report
thereon as may be ordered under section 4244(b) of this title.
(d) Disclosure of Presentence Reports. - The court shall assure
that a report filed pursuant to this section is disclosed to the
defendant, the counsel for the defendant, and the attorney for the
Government at least ten days prior to the date set for sentencing,
unless this minimum period is waived by the defendant. The court
shall provide a copy of the presentence report to the attorney for
the Government to use in collecting an assessment, criminal fine,
forfeiture or restitution imposed.