Senate Study Bill 3030 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR’S OFFICE OF DRUG CONTROL POLICY BILL) A BILL FOR An Act relating to the compilation of a presentence 1 investigation report in a criminal proceeding. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5294DP (8) 84 jm/rj

S.F. _____ H.F. _____ Section 1. Section 901.2, Code 2011, is amended to read as 1 follows: 2 901.2 Presentence investigation. 3 1. Upon a plea of guilty, a verdict of guilty, or a special 4 verdict upon which a judgment of conviction of a public offense 5 may be rendered, the court shall receive from the state, from 6 the judicial district department of correctional services, 7 and from the defendant any information which may be offered 8 which is relevant to the question of sentencing. The court may 9 consider information from other sources. 10 2. The court shall not order a presentence investigation 11 when the offense is a class “A” felony. If, however, the board 12 of parole determines that the Iowa medical and classification 13 center reception report for a class “A” felon is inadequate, 14 the board may request and shall be provided with additional 15 information from the appropriate judicial district department 16 of correctional services. The court shall order a presentence 17 investigation when the offense is any felony punishable under 18 section 902.9, subsection 1 , or a class “B”, class “C”, or 19 class “D” felony. A presentence investigation for any felony 20 punishable under section 902.9, subsection 1 , or a class “B”, 21 class “C”, or class “D” felony shall not be waived. The 22 court may order, with the consent of the defendant, that the 23 presentence investigation begin prior to the acceptance of a 24 plea of guilty, or prior to a verdict of guilty. The court 25 may order a presentence investigation when the offense is an 26 aggravated misdemeanor. The court may order a presentence 27 investigation when the offense is a serious misdemeanor only 28 upon a finding of exceptional circumstances warranting an 29 investigation. Notwithstanding section 901.3 , a presentence 30 investigation ordered by the court for a serious misdemeanor 31 shall include information concerning only the following: 32 1. a. A brief personal and social history of the defendant. 33 2. b. The defendant’s criminal record. 34 3. c. The harm to the victim, the victim’s immediate 35 -1- LSB 5294DP (8) 84 jm/rj 1/ 4

S.F. _____ H.F. _____ family, and the community, including any completed victim 1 impact statement or statements and restitution plan. 2 d. The results of a validated risk assessment that includes 3 a risk category taken from a model approved by the department 4 of corrections. 5 3. The court may withhold execution of any judgment or 6 sentence for such time as shall be reasonably necessary for an 7 investigation with respect to deferment of judgment, deferment 8 of sentence, or suspension of sentence and probation. The 9 investigation shall be made by the judicial district department 10 of correctional services. 11 4. The purpose of the report by the judicial district 12 department of correctional services is to provide the court 13 pertinent information for purposes of sentencing and to include 14 suggestions for correctional planning for use by correctional 15 authorities subsequent to sentencing. 16 Sec. 2. Section 901.3, Code Supplement 2011, is amended to 17 read as follows: 18 901.3 Presentence investigation report. 19 1. If a presentence investigation is ordered by the court, 20 the investigator shall promptly inquire into all of the 21 following: 22 1. a. The defendant’s characteristics, family and financial 23 circumstances, needs, and potentialities. 24 2. b. The defendant’s criminal record and social history. 25 3. c. The circumstances of the offense. 26 4. d. The time the defendant has been in detention. 27 5. e. The harm to the victim, the victim’s immediate 28 family, and the community. Additionally, the presentence 29 investigator shall provide a victim impact statement form to 30 each victim, if one has not already been provided, and shall 31 file the completed statement or statements with the presentence 32 investigation report. 33 6. f. The defendant’s potential as a candidate for the 34 community service sentence program established pursuant to 35 -2- LSB 5294DP (8) 84 jm/rj 2/ 4

S.F. _____ H.F. _____ section 907.13 . 1 7. g. Any mitigating circumstances relating to the offense 2 and the defendant’s potential as a candidate for deferred 3 judgment, deferred sentencing, a suspended sentence, or 4 probation, if the defendant is charged with or convicted of 5 assisting suicide pursuant to section 707A.2 . 6 8. h. Whether the defendant has a history of mental 7 health or substance abuse problems. If so, the investigator 8 shall inquire into the treatment options available in both the 9 community of the defendant and the correctional system. 10 2. The presentence investigation report shall contain the 11 results of a validated risk assessment that includes a risk 12 category taken from a model approved by the department of 13 corrections. 14 3. All local and state mental and correctional 15 institutions, courts, and police agencies shall furnish to 16 the investigator on request the defendant’s criminal record 17 and other relevant information. The originating source of 18 specific mental health or substance abuse information including 19 the histories, treatment, and use of medications shall 20 not be released to the presentence investigator unless the 21 defendant authorizes the release of such information. If the 22 defendant refuses to release the information, the presentence 23 investigator may note the defendant’s refusal to release mental 24 health or substance abuse information in the presentence 25 investigation report and rely upon other mental health or 26 substance abuse information available to the presentence 27 investigator. With the approval of the court, a physical 28 examination or psychiatric evaluation of the defendant may be 29 ordered, or the defendant may be committed to an inpatient 30 or outpatient psychiatric facility for an evaluation of the 31 defendant’s personality and mental health. The results of any 32 such examination or evaluation shall be included in the report 33 of the investigator. 34 EXPLANATION 35 -3- LSB 5294DP (8) 84 jm/rj 3/ 4

S.F. _____ H.F. _____ This bill relates to the compilation of a presentence 1 investigation report in a criminal proceeding. 2 The bill requires a presentence investigation report 3 to contain the results of a validated risk assessment that 4 includes a risk category taken from a model approved by the 5 department of corrections. 6 A presentence investigation report details the background of 7 a defendant and is reviewed by the court prior to sentencing. 8 -4- LSB 5294DP (8) 84 jm/rj 4/ 4