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MISSOURI STATUTES AND CODES

217.760. Probation and parole officers furnished to circuit courts, when--presentence and preparole investigations--requirements.

Probation and parole officers furnished to circuit courts,when--presentence and preparole investigations--requirements.

217.760. 1. In all felony cases and class A misdemeanor cases, thebasis of which misdemeanor cases are contained in chapters 565 and 566,RSMo, and section 577.023, RSMo, at the request of a circuit judge of anycircuit court, the board shall assign one or more state probation andparole officers to make an investigation of the person convicted of thecrime or offense before sentence is imposed. In all felony cases in whichthe recommended sentence established by the sentencing advisory commissionpursuant to subsection 6 of section 558.019, RSMo, includes probation butthe recommendation of the prosecuting attorney or circuit attorney does notinclude probation, the board of probation and parole shall, prior tosentencing, provide the judge with a report on available alternatives toincarceration. If a presentence investigation report is completed then theavailable alternatives shall be included in the presentence investigationreport.

2. The report of the presentence investigation or preparoleinvestigation shall contain any prior criminal record of the defendant andsuch information about his or her characteristics, his or her financialcondition, his or her social history, the circumstances affecting his orher behavior as may be helpful in imposing sentence or in grantingprobation or in the correctional treatment of the defendant, informationconcerning the impact of the crime upon the victim, the recommendedsentence established by the sentencing advisory commission and availablealternatives to incarceration including opportunities for restorativejustice, as well as a recommendation by the probation and parole officer.The officer shall secure such other information as may be required by thecourt and, whenever it is practicable and needed, such investigation shallinclude a physical and mental examination of the defendant.

(L. 1982 H.B. 1196 ยง 127, A.L. 1984 S.B. 611, A.L. 1989 H.B. 408, A.L. 1990 H.B. 974, A.L. 2003 S.B. 5)

Effective 6-27-03

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