Rule
21A. Presentence investigation reports; Restitution.
(a) Presentence
investigation reports shall be completed by order of the court as provided in
Utah Code Sections 77‑18‑1 and 64‑13‑20. Presentence
reports shall either be physically removed from the case file and kept in a
separate storage area or retained in the case file in a sealed envelope marked
"Protected".
(b) Full disclosure of
the presentence investigation report shall be made to the prosecutor, defense
counsel, or the defendant if the defendant is not represented by counsel,
unless disclosure of the presentence report would jeopardize the life or safety
of third parties. At least 3 business days in advance of the scheduled
sentencing date, the Department shall provide a copy of the presentence
investigation report to the court, and to the defendant's counsel or the
defendant if not represented by counsel, and the prosecutor. The presentence
report shall also be made available to prosecutors, defense counsel and the
defendant at the court on the date of sentencing. In cases where a party or a
party's counsel notifies the court clerk, in writing, that the presentence
investigation report is the subject of an appeal, the clerk shall include the
sealed presentence investigation report as part of the record.
(c) Restitution.
(c)(1) The presentence
investigation report prepared by the Department of Corrections shall include a
specific statement of pecuniary damages as provided in Utah Code Section 77‑18‑1(5)(b)(ii).
This statement shall include, but not be limited to, a specific dollar amount
recommended by the Department of Corrections to be paid by the defendant to the
victim(s).
(c)(2) In cases where a
specific dollar value is not known, and is not an accumulating amount, e.g.
continuing medical expenses, the court may continue the sentencing. If
sentencing occurs, it shall be done with the concurrence of defense
counsel/defendant and the prosecutor and an agreement shall be reached as to
how restitution shall be determined. In no instance shall the restitution
amount be determined by the Department of Corrections without approval of the
court, defendant, defense counsel and the prosecutor. If the parties disagree
about the restitution amount, a restitution hearing shall be scheduled.