(a) Presentence Investigation and Report by Probation Officer.—
A United States probation officer shall make a
presentence investigation of a defendant that is required pursuant to the
provisions of Rule 32(c) of the Federal Rules of Criminal Procedure, and shall,
before the imposition of sentence, report the results of the investigation to
the court.
(b) Presentence Study and Report by Bureau of Prisons.— If the court, before or after its receipt of a report specified in
subsection (a) or (c), desires more information than is otherwise available to
it as a basis for determining the sentence to be imposed on a defendant found
guilty of a misdemeanor or felony, it may order a study of the defendant. The
study shall be conducted in the local community by qualified consultants unless
the sentencing judge finds that there is a compelling reason for the study to be
done by the Bureau of Prisons or there are no adequate professional resources
available in the local community to perform the study. The period of the study
shall be no more than sixty days. The order shall specify the additional
information that the court needs before determining the sentence to be imposed.
Such an order shall be treated for administrative purposes as a provisional
sentence of imprisonment for the maximum term authorized by section 3581 (b) for
the offense committed. The study shall inquire into such matters as are
specified by the court and any other matters that the Bureau of Prisons or the
professional consultants believe are pertinent to the factors set forth in
section 3553 (a). The period of the study may, in the discretion of the court,
be extended for an additional period of not more than sixty days. By the
expiration of the period of the study, or by the expiration of any extension
granted by the court, the United States marshal shall, if the defendant is in
custody, return the defendant to the court for final sentencing. The Bureau of
Prisons or the professional consultants shall provide the court with a written
report of the pertinent results of the study and make to the court whatever
recommendations the Bureau or the consultants believe will be helpful to a
proper resolution of the case. The report shall include recommendations of the
Bureau or the consultants concerning the guidelines and policy statements,
promulgated by the Sentencing Commission pursuant to 28 U.S.C. 994 (a), that
they believe are applicable to the defendant’s case. After receiving the report
and the recommendations, the court shall proceed finally to sentence the
defendant in accordance with the sentencing alternatives and procedures
available under this chapter.
(c) Presentence Examination and Report by Psychiatric or
Psychological Examiners.— If the court, before or after
its receipt of a report specified in subsection (a) or (b) desires more
information than is otherwise available to it as a basis for determining the
mental condition of the defendant, the court may order the same psychiatric or
psychological examination and report thereon as may be ordered under section
4244 (b) of this title.
(d) Disclosure of Presentence Reports.— The court shall assure that a report filed pursuant to this
section is disclosed to the defendant, the counsel for the defendant, and the
attorney for the Government at least ten days prior to the date set for
sentencing, unless this minimum period is waived by the defendant. The court
shall provide a copy of the presentence report to the attorney for the
Government to use in collecting an assessment, criminal fine, forfeiture or
restitution imposed.
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