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Title 7 Criminal Procedure

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Change 1

What to do with it
As published

7-13-303. Investigation preceding probation or suspension of sentence.

(a) When directed by the court, the district attorney, a probation and parole agent as defined in W.S. 7-13-401 or, in the case of a minor, a counselor as defined by W.S. 5-3-501(a)(ii) or the department of family services shall investigate and report to the court in writing: (i) The circumstances of the offense; (ii) The criminal record, social history and present conditions of the defendant; (iii) If practicable, the findings of a physical and mental examination of the defendant; (iv) If practicable, statements from the victim; (v) A summary of the impact of the offense on the victim; (vi) The results of a validated risk and need assessment. (b) Unless the court directs otherwise, no defendant charged with a felony or misdemeanor shall be placed on probation, placed in an intensive supervision program established under W.S. 7-13-1102 or released under suspension of sentence until the report of the investigation under this section is presented to and considered by the court. If the defendant is sentenced to the custody of the department of corrections to serve a term of incarceration in a state penal institution, a copy of the report of the investigation if completed shall be sent to the department of corrections at the time of sentencing. The clerk of court shall forward copies of the report, if completed, to the department of corrections, together with copies of all orders entered by the court. (c) The court may, in its discretion, dispense with the investigation and preparation of a report required by this section or may limit the scope of the investigation and report to circumstances and conditions the court deems relevant to its sentencing determination.

Your change, as a redline

7-13-303. Investigation preceding probation or suspension of sentence.

(a) When directed by the court, the district attorney, a probation and parole agent as defined in W.S. 7-13-401 or, in the case of a minor, a counselor as defined by W.S. 5-3-501(a)(ii) or the department of family services shall investigate and report to the court in writing: (i) The circumstances of the offense; (ii) The criminal record, social history and present conditions of the defendant; (iii) If practicable, the findings of a physical and mental examination of the defendant; (iv) If practicable, statements from the victim; (v) A summary of the impact of the offense on the victim; (vi) The results of a validated risk and need assessment. (b) Unless the court directs otherwise, no defendant charged with a felony or misdemeanor shall be placed on probation, placed in an intensive supervision program established under W.S. 7-13-1102 or released under suspension of sentence until the report of the investigation under this section is presented to and considered by the court. If the defendant is sentenced to the custody of the department of corrections to serve a term of incarceration in a state penal institution, a copy of the report of the investigation if completed shall be sent to the department of corrections at the time of sentencing. The clerk of court shall forward copies of the report, if completed, to the department of corrections, together with copies of all orders entered by the court. (c) The court may, in its discretion, dispense with the investigation and preparation of a report required by this section or may limit the scope of the investigation and report to circumstances and conditions the court deems relevant to its sentencing determination.

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