18 U.S.C. § 3552 Presentence Reports

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 18 U.S.C. § 3552

(a) PRESENTENCE INVESTIGATION AND REPORT BY PROBATION OFFICER.-A United States probation officer shall make a presentence investigation of a defendant that is required pursuant to the provisions of Rule 32(c) of the Federal Rules of Criminal Procedure, and shall, before the imposition of sentence, report the results of the investigation to the court.

(b) PRESENTENCE STUDY AND REPORT BY BUREAU OF PRISONS.-If the court, before or after its receipt of a report specified in subsection (a) or (c), desires more information than is otherwise available to it as a basis for determining the sentence to be imposed on a defendant found guilty of a misdemeanor or felony, it may order a study of the defendant. The study shall be conducted in the local community by qualified consultants unless the sentencing judge finds that there is a compelling reason for the study to be done by the Bureau of Prisons or there are no adequate professional resources available in the ...

(c) PRESENTENCE EXAMINATION AND REPORT BY PSYCHIATRIC OR PSYCHOLOGICAL EXAMINERS.-If the court, before or after its receipt of a report specified in subsection (a) or (b) desires more information than is otherwise available to it as a basis for determining the mental condition of the defendant, the court may order the same psychiatric or psychological examination and report thereon as may be ordered under section 4244(b) of this title.

(d) DISCLOSURE OF PRESENTENCE REPORTS.-The court shall assure that a report filed pursuant to this section is disclosed to the defendant, the counsel for the defendant, and the attorney for the Government at least ten days prior to the date set for sentencing, unless this minimum period is waived by the defendant. The court shall provide a copy of the presentence report to the attorney for the Government to use in collecting an assessment, criminal fine, forfeiture or restitution imposed.

Cite as 18 U.S.C. § 3552

Source: Added Pub. L. 98-473, title II, §212(a)(2), Oct. 12, 1984, 98 Stat. 1988; amended Pub. L. 99-646, §7(a), Nov. 10, 1986, 100 Stat. 3593; Pub. L. 101-647, title XXXVI, §36253625,, 104 Stat. 4965.

current through 5/22/2023

EDITORIAL NOTES

AMENDMENTS

1990-Subsec. (d). Pub. L. 101-647 inserted at end "The court shall provide a copy of the presentence report to the attorney for the Government to use in collecting an assessment, criminal fine, forfeiture or restitution imposed."

1986-Subsec. (b). Pub. L. 99-646, §7(a)(1), (2), substituted "study shall be" for "study shall take" and inserted ", if the defendant is in custody," after "United States marshal shall".