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Rule21A. Presentence investigation reports; Restitution.

 

(a) Presentenceinvestigation reports shall be completed by order of the court as provided inUtah Code ?? 77‑18‑1 and 64‑13‑20. Presentence reportsshall either be physically removed from the case file and kept in a separatestorage 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 presentence investigationreport prepared by the Department of Corrections shall include a specificstatement of pecuniary damages as provided in Utah Code ? 77‑18‑1(5)(b)(ii). This statement shall include, but not belimited to, a specific dollar amount recommended by the Department ofCorrections to be paid by the defendant to the victim(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. If sentencingoccurs, it shall be done with the concurrence of defense counsel/defendant andthe prosecutor and an agreement shall be reached as to how restitution shall bedetermined. In no instance shall the restitution amount be determined by theDepartment of Corrections without approval of the court, defendant, defensecounsel and the prosecutor. If the parties disagree about the restitutionamount, a restitution hearing shall be scheduled.

 

EffectiveNovember 1, 2003