§3552 Presentence reports

Summary

A U.S. probation officer must do a presentence investigation when Rule 32(c) requires it and must give the court the report before the judge imposes sentence. If the court wants more information before or after getting that report, it can order a study of the defendant. The study should be done in the local community by qualified consultants unless the judge finds a strong reason to use the Bureau of Prisons or there are no local professionals. The study can last up to 60 days and the court’s order must say what extra information is needed. The order is treated administratively as a provisional sentence of imprisonment for the maximum term allowed by section 3581(b). The study will cover the issues the court asks about and any other matters the Bureau or consultants think are relevant under section 3553(a). The court may extend the study one time for up to another 60 days. At the end, the U.S. marshal must return the defendant to court if the defendant is in custody. The Bureau or consultants must send the court a written report with findings and recommendations, including which Sentencing Commission guidelines under 28 U.S.C. 994(a) they think apply. After that, the court will proceed to sentence the defendant under the chapter’s rules. If the court needs more information about the defendant’s mental condition, it may order the psychiatric or psychological exam allowed under section 4244(b). The court must make sure the presentence report is given to the defendant, the defendant’s lawyer, and the government lawyer at least 10 days before sentencing unless the defendant waives that time. The court must also give the government a copy to help collect any assessment, fine, forfeiture, or restitution.