VIRGIN ISLANDS RULES OF CRIMINAL PROCEDURE Rule 32. Sentencing and Judgment

• Jurisdiction: United States

Rule 32. Sentencing and Judgment

(a) [Reserved]

(b) Time of Sentencing.

(1) In General. Sentence shall be imposed immediately after a defendant has been found guilty or has pleaded guilty, unless the court, for good cause shown, shall postpone the imposition of sentence for a period not to exceed 15 days. The court may postpone imposition of a sentence for a period not to exceed 120 days when the court has requested a pre-sentence investigation from the probation officer. Pending sentence, the court may commit the defendant or continue or alter the bail. Before imposing sentence, the court shall afford the defendant or defense counsel an opportunity to make a statement in the defendant's behalf and to present any information in mitigation of punishment. Where a sentence has been opened and vacated, the defendant shall be re-sentenced forthwith, except where a new trial is granted.
(2) Changing Time Limits. The court may, for good cause, change any time limits prescribed in this rule.

(c) Presentence Investigation.

(1) Required Investigation.

(A) In General. The probation officer must conduct a presentence investigation and submit a report to the court before it imposes sentence unless:

(i) a statute of the Virgin Islands requires otherwise; or
(ii) the court expressly finds that the information in the record enables it to meaningfully exercise its sentencing authority.

(B) Restitution. If the law permits restitution, the probation officer must conduct an investigation and submit a report that contains sufficient information for the court to order restitution.

(2) Interviewing the Defendant. The probation officer who interviews a defendant as part of a presentence investigation must, on request, give the defendant's attorney notice and a reasonable opportunity to attend the interview.

(d) Presentence Report. The report of the presentence investigation must contain:

(1) any prior criminal record of the defendant;
(2) such information about the defendant's characteristics, financial condition and the circumstances affecting the defendant's behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant;
(3) any applicable victim impact statement, or information that assesses any financial, social, psychological, and medical impact on any victim;
(4) when appropriate, the nature and extent of nonprison programs and resources available to the defendant;
(5) when the law provides for restitution,

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