§ 204. Submission of written report; production of records
(a) A court, before which a person is being prosecuted for any crime, may in its discretion
order the Commissioner to submit a written report as to the circumstances of the alleged
offense and the character and previous criminal history record of the person, with
recommendation. If the presentence investigation report is being prepared in connection
with a person’s conviction for a sex offense that requires registration pursuant to
13 V.S.A. chapter 167, subchapter 3, the Commissioner shall obtain information pertaining to the person’s
juvenile record, if any, in accordance with 33 V.S.A. §§ 5117 and 5119(f)(6), and any deferred sentences received for a registrable sex offense in accordance
with 13 V.S.A. § 7041(h), and include such information in the presentence investigation report.
(b) The court shall order such a report to be made before imposing sentence when the respondent
is adjudged guilty of a felony, except as otherwise provided by rules of the Supreme
Court. If the report has been made to any court within the State within a period of
two years with reference to such individual, in connection with the same or another
offense, submission of a copy of that report may fulfill the requirements of this
section, if the court to which the report is to be submitted approves. Upon request,
the Commissioner shall furnish a State’s Attorney with a copy of any report made within
the State once sentence has been passed in connection with the offense for which the
report was made.
(c) The report ordered by the court under this section or section 204a of this title shall be made not less than one week nor more than three weeks from the date of the
order. This three-week limit may be extended by order of the court.
(d)(1) Except as provided in subdivision (2) of this subsection, any presentence investigation
report or parole summary prepared by any employee of the Department in the discharge
of the employee’s official duty, except as provided in subdivision 204a(b)(5) and
section 205 of this title, is confidential and shall not be disclosed to anyone outside the Department other
than the judge or the Parole Board.
(2)(A) The court or Board shall permit inspection of the presentence investigation report
or parole summary, redacted of information that may compromise the safety or confidentiality
of any person, by the State’s Attorney and by the defendant or inmate or his or her
attorney; and
(B) the court or Board may, in its discretion, permit the inspection of the presentence
investigation report or parole summary or parts thereof by other persons having a
proper interest in the report or parole summary, whenever the best interests or welfare
of the defendant or inmate makes that action desirable or helpful.
(e) The presentence investigation report ordered by the court under this section or section 204a of this title shall include the comments or written statement of the victim, or the victim’s guardian
or next of kin if the victim is incompetent or deceased, whenever the victim or the
victim’s guardian or next of kin choose to submit comments or a written statement.
(f) Except as otherwise provided by law, reports and records subject to this section may
be inspected, pursuant to a court order issued ex parte, by a State or federal prosecutor
as part of a criminal investigation if the court finds that the records may be relevant
to the investigation. The information in the files may be used for any lawful purpose
but shall not otherwise be made public.
(g) The presentence investigation report ordered by the court under this section or section 204a of this title shall set forth information concerning the defendant’s custodial relationships pursuant
to 13 V.S.A. § 7030. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 109, § 10, eff. May 25, 1973; 1981, No. 223 (Adj. Sess.), § 18; 1989, No. 293 (Adj. Sess.), § 7; 1995, No. 170 (Adj. Sess.), § 18, eff. Sept. 1, 1996; 2005, No. 192 (Adj. Sess.), § 11, eff. May 26, 2006; 2009, No. 1, § 35; 2009, No. 58, § 19; 2013, No. 168 (Adj. Sess.), § 3, eff. June 3, 2014; 2015, No. 29, § 21; 2015, No. 137 (Adj. Sess.), § 3, eff. May 25, 2016; 2017, No. 113 (Adj. Sess.), § 169; 2021, No. 104 (Adj. Sess.), § 3, eff. July 1, 2022.)