§ 15A-1332. Presentence reports. - North Carolina Statutes

§15A‑1332.  Presentence reports.

(a)        Presentence ReportsGenerally. – To obtain a presentence report, the court may order either apresentence investigation as provided in subsection (b) or a presentencecommitment for study as provided in subsection (c).

(b)        PresentenceInvestigation. – The court may order a probation officer to make a presentenceinvestigation of any defendant. The court may order the investigation onlyafter conviction unless the defendant moves for an earlier presentenceinvestigation. A motion for an earlier presentence investigation may beaddressed only to the judge of the session of court for which the defendant'scase is calendared or, if the case has not been calendared, to a residentsuperior court judge if the case is in the jurisdiction of the superior courtor to the chief district court judge if the case is in the jurisdiction of thedistrict court. When the court orders a presentence investigation, theprobation officer must promptly investigate all circumstances relevant to sentencingand submit either a written report or an oral report either on the record orwith defense counsel and the prosecutor present. The report may includesentence recommendations only if such recommendations are requested by thecourt.

(c)        PresentenceCommitment for Study. – When the court desires more detailed information as abasis for determining the sentence to be imposed than can be provided by apresentence investigation, the court may commit a defendant to the Departmentof Correction for study for the shortest period necessary to complete thestudy, not to exceed 90 days, if that defendant has been charged with orconvicted of any felony or a Class A1 or Class 1 misdemeanor crime or crimesfor which he may be imprisoned for more than six months and if he consents. Theperiod of commitment must end when the study is completed, and may not exceed90 days. The Department must conduct a complete study of a defendant committedto it under this subsection, inquiring into such matters as the defendant'sprevious delinquency or criminal experience, his social background, hiscapabilities, his mental, emotional and physical health, and the availabilityof resources or programs appropriate to the defendant. Upon completion of thestudy or the end of the 90‑day period, whichever occurs first, theDepartment of Correction must release the defendant to the sheriff of thecounty in which his case is docketed. The Department must forward the study tothe clerk in that county, including whatever recommendations the Departmentbelieves will be helpful to a proper resolution of the case. When a defendantis returned from a presentence commitment for study, the conditions of pretrialrelease which obtained for the defendant before the commitment continue untiljudgment is entered, unless the conditions are modified under the provisions ofG.S. 15A‑534(e). (1977, c. 711, s. 1; 1981, c. 377, s. 1; 1993, c. 538,s. 13; 1994, Ex. Sess., c. 24, s. 14(b); 1995, c. 507, s. 19.5(e).)