Section 27.27 Pre-Sentence Investigation and Report

• Library: Criminal Practice 2012 Supp

B. (§27.27) Pre-Sentence Investigation and Report

At the request of a trial court in all felony cases and certain class A misdemeanor cases, the Board of Probation and Parole is to conduct an investigation of the convicted defendant before the sentence is imposed. In all cases falling under § 558.019.6, RSMo Supp. 2004, in which probation is included in the recommended sentence but the prosecuting attorney or the circuit attorney is not recommending probation, before the defendant’s sentencing, the Board must provide to the court a report on the available alternatives to incarceration. Further, if a pre-sentence investigation report is completed, it must include the available alternatives. Section 217.760.1, RSMo Supp. 2004.

The pre-sentence investigation report is to contain the following information:

any prior criminal record of the defendant and such information about his or her characteristics, his or her financial condition, his or her social history, the circumstances affecting his or her behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant, information concerning the impact of the crime upon the victim, the recommended sentence established by the sentencing advisory commission and available alternatives to incarceration including opportunities for restorative justice, as well as a recommendation by the probation and parole officer. The officer shall secure such other information as may be required by the court and, whenever it is practicable and needed, such investigation shall include a physical and mental examination of the defendant.

Section 217.760.2.

Under § 217.762.1, RSMo 2000, before the sentencing of any defendant convicted of a felony that resulted in serious physical injury or death to the victim, the Board of Probation and Parole must conduct a pre-sentence investigation unless the court orders otherwise. This pre-sentence investigation must include a victim’s impact statement if the victim suffered physical, psychological, or economic injury. Section 217.762.2. If the court does not order the pre-sentence investigation, the prosecuting attorney may prepare a victim impact statement that is submitted to the court. Section 217.762.3. No matter which way the victim impact statement is submitted to the court, the court must consider it in determining the appropriate sentence and in entering any order of restitution to the victim. Section 217.762.1 and .3. The items that...