(a) If punishment is fixed by the court, the court may order a presentence investigation before imposing sentence.
(b) (1) The presentence investigation should be conducted by a presentence officer or another person designated by the court and should include an analysis of:
(A) The circumstances surrounding the commission of the offense;
(B) The defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation, and personal habits; and
(C) Any other matter that the investigator deems relevant or the court directs to be included.
(2) In a case involving a violation of ยง 5-11-106 in which a minor was unlawfully detained, restrained, taken, enticed, or kept, the presentence investigation shall include ascertaining the expenses incurred by a law enforcement agency, the Department of Human Services, and the lawful custodian in searching for and returning the minor to the lawful custodian.
(c) (1) Before imposing sentence, the court may order the defendant to submit to psychiatric examination and evaluation for a period not to exceed thirty (30) days.
(2) The defendant may be remanded for psychiatric examination and evaluation to the Arkansas State Hospital, or the court may appoint a qualified psychiatrist to make the psychiatric examination and evaluation.
(d) (1) Before imposing sentence, the court shall advise the defendant or his or her counsel of the factual contents and conclusions of any presentence investigation or psychiatric examination and evaluation and afford fair opportunity, if the defendant so requests, to controvert the factual contents and conclusions.
(2) A source of confidential information does not need to be disclosed.
(e) If the defendant is sentenced to imprisonment, a copy of the report of any presentence investigation or psychiatric examination or evaluation shall be transmitted immediately to the Department of Correction or, when the defendant is committed to the custody of a specific institution, to that specific institution.
Section: 5-4-102 5-4-103 5-4-104 5-4-106 5-4-107 NextLast modified: November 15, 2016