Local Rule Criminal Rule 32.1: PRESENTENCE INVESTIGATION REPORT AND SENTENCING MEMORANDUMS

CRIMINAL RULE 32.1 PRESENTENCE INVESTIGATION REPORT AND SENTENCING MEMORANDUMS

(A) PRESENTENCE INVESTIGATION REPORTS

(1) CONFIDENTIALITY Presentence Investigation Reports (PSIR) and other reports by Probation and Pretrial Services officers are confidential. The court authorizes the defendant, defendant's attorney, and the United States to retain copies of a PSIR. The court also authorizes Probation and Pretrial Services officers to provide a copy of a PSIR to the Federal Bureau of Prisons, the United States Sentencing Commission, other agencies providing placement, training, or treatment services to individuals sentenced by the court, and to others as ordered by the court. Except for use by the United States in collecting a special assessment, criminal fine, forfeiture, or restitution imposed by the court, the confidentiality of a PSIR must be maintained. A copy of a PSIR or other report prepared by Probation and Pretrial Services officers may not be reproduced or redistributed without court approval.

(2) REQUEST FOR DISCLOSURE A request for disclosure of a PSIR or a probation record, except as provided in this rule, must be presented by motion to the court and must demonstrate a particularized need for and entitlement to disclosure of the record. A Probation and Pretrial Services officer may not disclose confidential information when requested or demanded by subpoena except under a court order directing disclosure.

(3) DISCLOSURE TO AID SEX OFFENDER REGISTRATION The court authorizes the disclosure of Probation and Pretrial Services supervision files to the North Dakota Bureau of Criminal Investigation for purposes of determining whether an individual is required to register as a sex offender. Probation and Pretrial Services also may disclose supervision files to entities in other states that require sex offender registration and notification for use in completing a sexual offender risk assessment or re-assessment. Authorized disclosure is limited to the following: (1) charging documents; (2) factual basis of a plea agreement if the defendant pled guilty; (3) a brief synopsis of the case if there was an open plea or if the case proceeded to trial; (4) criminal history included in a PSIR; and (5) the judgment. A request for other documents must be made through the process described in subsection (A)(2).

(B) SENTENCING MEMORANDUM A party may, but is not required to, file a sentencing memorandum. If a party files a sentencing memorandum, the party also must file a sentencing memorandum supplement. Both documents must be served and filed no later than seven (7) days before the sentencing hearing unless otherwise ordered by the court. A party may serve and file a response to a sentencing memorandum no later than two (2) days before the sentencing hearing.