557.026. Presentence investigation and report--inquiry of victim, when. - Missouri Statutes

Presentence investigation and report--inquiry of victim, when.

557.026. 1. When a probation officer is available to anycourt, such probation officer shall, unless waived by thedefendant, make a presentence investigation in all felony casesand report to the court before any authorized disposition undersection 557.011. In all class A misdemeanor cases a probationofficer shall, if directed by the court, make a presentenceinvestigation and report to the court before any authorizeddisposition under section 557.011. The report shall not besubmitted to the court or its contents disclosed to anyone untilthe defendant has pleaded guilty or been found guilty.

2. The presentence investigation report shall be prepared,presented and utilized as provided by rule of court, except thatno court shall prevent the defendant or the attorney for thedefendant from having access to the complete presentenceinvestigation report and recommendations before any authorizeddisposition under section 557.011.

3. The defendant shall not be obligated to make anystatement to a probation officer in connection with anypresentence investigation hereunder.

4. When the jury enters a finding of guilty and assessespunishment, the probation officer shall, as part of thepresentence investigation, inquire of the victim of the offensefor which such punishment was assessed of the facts of theoffense and any personal injury or financial loss incurred by thevictim. If the victim is dead or otherwise unable to make astatement, the probation officer shall attempt to obtain suchinformation from a member of the immediate family of the victim.

(L. 1977 S.B. 60, A.L. 1984 S.B. 611, A.L. 1986 S.B. 618 & 562)

CROSS REFERENCE:

Juvenile court records available for presentence investigation, certain cases, RSMo 211.321