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Rule21A. Presentence investigation reports; Restitution.

 

(a) Presentenceinvestigation reports shall be completed by order of the court as provided inUtah Code Sections 77‑18‑1 and 64‑13‑20. Presentencereports shall either be physically removed from the case file and kept in aseparate storage area or retained in the case file in a sealed envelope marked"Protected".

 

(b) Full disclosure ofthe presentence investigation report shall be made to the prosecutor, defensecounsel, or the defendant if the defendant is not represented by counsel,unless disclosure of the presentence report would jeopardize the life or safetyof third parties. At least 3 business days in advance of the scheduledsentencing date, the Department shall provide a copy of the presentenceinvestigation report to the court, and to the defendant's counsel or thedefendant if not represented by counsel, and the prosecutor. The presentencereport shall also be made available to prosecutors, defense counsel and thedefendant at the court on the date of sentencing. In cases where a party or aparty's counsel notifies the court clerk, in writing, that the presentenceinvestigation report is the subject of an appeal, the clerk shall include thesealed presentence investigation report as part of the record.

 

(c) Restitution.

 

(c)(1) The presentenceinvestigation report prepared by the Department of Corrections shall include aspecific 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 amountrecommended by the Department of Corrections to be paid by the defendant to thevictim(s).

 

(c)(2) In cases where aspecific dollar value is not known, and is not an accumulating amount, e.g.continuing medical expenses, the court may continue the sentencing. Ifsentencing occurs, it shall be done with the concurrence of defensecounsel/defendant and the prosecutor and an agreement shall be reached as tohow restitution shall be determined. In no instance shall the restitutionamount be determined by the Department of Corrections without approval of thecourt, defendant, defense counsel and the prosecutor. If the parties disagreeabout the restitution amount, a restitution hearing shall be scheduled.