Presentence Report: Use Regulated

(a)[No text]

(1)The presentence report shall not be a public record.

(2)It may be made available only

(A)to the sentencing court,

(B)to any reviewing court where relevant to an issue on which an appeal has been taken,

(C)to any examining facility, correctional institution, probation or parole department or board for use in the treatment or supervision of the offender and to the parties as provided in this Section.

(b)At least two

(2)days before imposing sentence the court shall furnish the offender, or his counsel if he is so represented, a copy of the report of the presentence investigation exclusive of any recommendations as to sentence, unless in the opinion of the court the report contains diagnostic opinion which might seriously disrupt a program of rehabilitation, sources of information obtained upon a promise of confidentiality, or any other information which, if disclosed, might result in harm, physical or otherwise, to the defendant or other persons; and the court shall afford the offender or his counsel an opportunity to comment thereon.

(c)If the court is of the view that there is information in the presentence report which should not be disclosed under Subsection (b), the court in lieu of making the report or part thereof available shall state in writing a summary of the factual information contained therein to be relied on in determining sentence, and shall give the offender or his counsel an opportunity to comment thereon. The statement may be made to the parties in camera but shall be included as part of the permanent record and subject to disclosure to the Parole Board.

(d)Any material disclosed to the offender or his counsel shall at the same time be disclosed to the attorney for the Government.

(e)[No text] CH. 80 DISPOSITION OF OFFENDERS

(1)Any copies of the presentence investigation report made available to the offender or his counsel and the attorney for the Government shall be returned to the court immediately following the imposition of sentence.

(2)Copies of the presentence investigation report shall not be made by the offender, his counsel or the attorney for the Government.