Advanced Search

Section: 557.0026 Until December 31, 2016--Presentence investigation and report--inquiry of victim, when. RSMO 557.026


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Missouri Revised Statutes













Chapter 557

General Sentencing Provisions

←557.026

Section 557.026.2

557.031→

August 28, 2015

Until December 31, 2016--Presentence investigation and report--inquiry of victim, when.

557.026. 1. When a probation officer is available to any court, such

probation officer shall, unless waived by the defendant, make a presentence

investigation in all felony cases and report to the court before any

authorized disposition under section 557.011. In all class A misdemeanor

cases a probation officer shall, if directed by the court, make a presentence

investigation and report to the court before any authorized disposition under

section 557.011. The report shall not be submitted to the court or its

contents disclosed to anyone until the 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 that no court shall prevent the

defendant or the attorney for the defendant from having access to the complete

presentence investigation report and recommendations before any authorized

disposition under section 557.011.



3. The defendant shall not be obligated to make any statement to a

probation officer in connection with any presentence investigation hereunder.



4. When the jury enters a finding of guilty and assesses punishment, the

probation officer shall, as part of the presentence investigation, inquire of

the victim of the offense for which such punishment was assessed of the facts

of the offense and any personal injury or financial loss incurred by the

victim. If the victim is dead or otherwise unable to make a statement, the

probation officer shall attempt to obtain such information 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)



*This section was amended by S.B. 491, 2014, effective 1-01-17. Due

to the delayed effective date, both versions of this section are

printed here.



CROSS REFERENCE:



Juvenile court records available for presentence investigation,

certain cases, 211.321







Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.