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RSMo 557.026effective 01 Jan 2017

Presentence investigation and sentencing assessment report

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In plain English

When someone is found guilty of a felony, a probation officer looks into that person's background before the judge decides on punishment. This is called a presentence investigation, and the officer writes up a report with a sentencing suggestion. The person found guilty does not have to talk to the probation officer, and they get to see the full report before sentencing. The officer also asks the victim about what happened and any injuries or money lost. If the victim has died or cannot speak, the officer tries to get that information from a close family member.

Penalties named in this law
class A misdemeanorup to 1 year in jail

Classifications stated in the statute. Actual outcomes vary.

Word-for-word law

557.026. and — inquiry of victim, when. — 1. When a is available to any court, such probation officer shall, unless by the , conduct a presentence investigation in all cases and make a sentencing assessment report to the court before any is made under section 557.011. In all cases a probation officer shall, if directed by the court, conduct a presentence investigation and make a sentencing assessment report to the court before any authorized disposition is made under section 557.011. The report shall not be submitted to the court or its contents disclosed to anyone until the defendant has been .

2. The sentencing assessment report shall be prepared, presented and utilized as provided by of court, except that no court shall prevent the defendant or the attorney for the defendant from having access to the complete sentencing assessment report and recommendations before any authorized disposition is made under section 557.011.

3. The defendant shall not be to make any statement to a probation officer in connection with any sentencing assessment report.

4. When the jury enters a and assesses punishment, the probation officer shall, as part of the presentence investigation, inquire of the victim of the 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 from a member of the immediate family of the victim.

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Source & history notes

(L. 1977 S.B. 60, A.L. 1984 S.B. 611, A.L. 1986 S.B. 618 & 562, A.L. 2014 S.B. 491) Effective 1-01-17 Juvenile court records available for presentence investigation, certain cases, 211.321

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 557.026: Presentence investigation and sentencing assessment report | KnowMo Laws