Utah Code 64-13-20. Investigative services — Presentence investigation reports
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(1) The department shall:
Terms Used In Utah Code 64-13-20
- Department: means the Department of Corrections. See Utah Code 64-13-1
- Offender: means an individual who has been convicted of a crime for which the individual may be committed to the custody of the department and is at least one of the following:(13)(a) committed to the custody of the department;(13)(b) on probation; or(13)(c) on parole. See Utah Code 64-13-1
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
(1)(a) provide investigative services and prepare reports to:(1)(a)(i) assist the courts in sentencing;(1)(a)(ii) assist the Board of Pardons and Parole in its decision-making responsibilities regarding offenders;(1)(a)(iii) assist the department in managing offenders; and(1)(a)(iv) assure the professional and accountable management of the department;(1)(b) establish standards for providing investigative services based on available resources, giving priority to felony cases; and(1)(c) employ staff for the purpose of conducting:(1)(c)(i) thorough presentence investigations of the social, physical, and mental conditions and backgrounds of offenders; and(1)(c)(ii) examinations when required by the court or the Board of Pardons and Parole.
(2) The department may provide recommendations concerning appropriate measures to be taken regarding offenders.
(3)
(3)(a) An employee of the department who is trained to prepare a presentence investigation report may prepare a presentence investigation report for the courts, the department, or the Board of Pardons and Parole.
(3)(b) The presentence investigation reports prepared by the department are protected as defined in Section 63G-2-305 and after sentencing may not be released except by express court order or by rule made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)(c) The reports are intended only for use by:
(3)(c)(i) the courts in the sentencing process;
(3)(c)(ii) the Board of Pardons and Parole in its decision-making responsibilities; and
(3)(c)(iii) the department in the supervision, confinement, and treatment of the offender.
(4) A presentence investigation report shall be made available upon request to another correctional program within the state if the offender who is the subject of the report has been committed or is being evaluated for commitment to the facility for treatment as a condition of probation or parole.
(5)
(5)(a) The presentence investigation reports shall include a victim impact statement in all felony cases and in misdemeanor cases if the offender caused bodily harm or death to the victim.
(5)(b) Victim impact statements shall:
(5)(b)(i) identify the victim of the offense;
(5)(b)(ii) itemize any economic loss suffered by the victim as a result of the offense;
(5)(b)(iii) identify any physical, mental, or emotional injuries suffered by the victim as a result of the offense, and the seriousness and permanence;
(5)(b)(iv) describe any change in the victim’s personal welfare or familial relationships as a result of the offense;
(5)(b)(v) identify any request for mental health services initiated by the victim or the victim’s family as a result of the offense; and
(5)(b)(vi) contain any other information related to the impact of the offense upon the victim or the victim’s family that the court requires.
(6) If the victim is deceased, under a mental, physical, or legal disability, or otherwise unable to provide the information required under this section, the information may be obtained from 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.