RULE 32. SENTENCE AND JUDGMENT
(1) Imposition of Sentence. Sentence must be imposed or other authorized disposition made without unreasonable delay.
Pending Until disposition, the court may commit the defendant or continue or alter thebail or require the defendant to be held without bail. Before imposing sentence, the court shall: (i)(A) determine thatthe defendant and the defendant's counsel havehad thean opportunity to read and discuss the presentence investigation report if made available pursuant tounder subdivision (c) (3)(i)(4)(A)or a summary thereofmade available pursuant toundersubdivision (c) (3)(ii)(4)(C); (ii)(B) give affordcounsel an opportunity to speak on behalf of the defendant; and (iii)(C) address the defendant personally, except as provided by Rule 43, todetermine whether the defendant wishes to make a statement in the defendant's own behalf or wishes to present anyinformation in mitigation of punishment or information which would require the court to withhold pronouncement of judgment and sentence : if the defendant expresses a desire to do so, the court shall provide the defendant with that opportunity. The prosecution must be given an opportunity to be heard on any matter material to the imposition of sentence.
(2) Notification of Right to Appeal. After imposing sentence in a case that has gone to trial
on a plea of not guilty, the court shall advise the defendant of the defendant's right to appeal and of the right of a person who is unable to pay the costs of an appeal to apply for appointment of counsel for purposes of appeal. The court is under no duty to advise the defendant of any right of appeal after sentence is imposed following a plea of guilty.
(b) Judgment. A judgment of conviction must
set forth include the plea, the verdict, and the adjudication of sentence imposed. If the defendant is found not guilty or for any reason is entitled to be discharged, judgment must be entered accordingly. The judgment must be signed by the judge and entered by the clerk.
(c) Presentence Investigation.
(1) When Made. The court may order a presentence investigation and report at any time. Except with the written consent of the defendant, the report may not be submitted to the court or its contents disclosed unless the defendant has pleaded guilty or has been found guilty.
(2) Presence of Counsel. The defendant's counsel is entitled to notice and a reasonable opportunity to attend any interview of the defendant by parole and probation staff in the course of a presentence investigation.
(2) (3) Report.
(A) The report of the presentence investigation may contain any previous criminal record of the defendant and
suchinformation about the defendant's characteristics, including the defendant's family, educational, and social history, the defendant's employment history and financial condition and the circumstances affecting the defendant's behavior aswhich may be helpful in imposing sentence or in granting probationor in the correctional treatment of the defendant, and any information required by the court.
(B) The following types of information may not be included in a presentence report, but may be submitted to the court as an addendum to the report:
(i) any diagnostic or prognostic opinion that, if disclosed, might seriously disrupt a program of rehabilitation;
(ii) information or sources of information obtained confidentially, but subject to disclosure by the court as provided in subdivision (C)(4)(A);
(iii) any sentence recommendation by parole and probation staff or the victim;
(iv) any victim impact statement;
(v) any other information, including medical, psychiatric, or psychological information, information relating to the victim or victims, and other matters the court may consider confidential, that if disclosed, might result in harm, physical or otherwise, to the defendant, to a victim, or to other persons.
(3) (4) Disclosure. (i) At least 10 days before imposing sentence, unless this minimum period is waived by the defendant, the court shall provide the defendant, and the defendant's counsel if the defendant is so represented, with a copy of the report of the presentence investigation unless in the opinion of the court the report contains information which if disclosed would be harmful to the defendant or other persons; and the court shall afford the defendant and the defendant's counsel an opportunity to comment on the report and, in the discretion of the court, to introduce testimony or other information relating to any alleged factual inaccuracy contained in the presentence report.
(A) The presentence investigation report and any addendum to the report are confidential and may not be read or copied by the public or the parties unless permitted by the court in its discretion. If, the court is of the opinion, the report contains information that would be harmful to the defendant or other persons if disclosed, the court may not allow the public or the parties to read or copy that portion of the presentence investigation report or addendum.
(B) Any disclosure to the defendant of the presentence investigation report and addendum, or any part thereof, must occur at least 10 days before sentence is imposed unless this minimum period is waived by the defendant. Any disclosure to the defendant must be made by providing the defendant and the defendant's counsel with a copy of the material to be disclosed. The defendant and the defendant's counsel must be given an opportunity to comment on the disclosed material, and in the discretion of the court, to introduce testimony or other information relating to any alleged factual inaccuracy.
(ii)(C) If the court is of the view thatfinds there is information in the presentence report or addendum, disclosure ofwhich would be harmful to the defendant or to other persons if disclosed, the court in lieu of making the report or part thereof availableshall state orally or in writing a summary of the factual information contained thereinto be relied on in determining sentence, and shall give the defendant or the defendant's counsel an opportunity to comment thereon. The statement may be made to the parties in camera. (iii)(D) Any material that may bedisclosed to the defendant and the defendant's counsel must also be disclosed to the prosecuting attorney. (iv)(E) If the comments of the defendant and the defendant's counsel or testimony or other information introduced by them allege any factual inaccuracy in the presentence investigation report or the summary of the report or part thereofany of the information summarized, the court, as to each matter controverted, shall make (i) a finding as to the allegation, or (ii) a determination thatno finding is necessary because the matter controverted will not be taken into account in sentencing. A written record of those findings and determinations must be appended to and accompany any copy of the presentence investigation report thereafterlater made available to the State Parole Board or to the pardon clerk.
(d) Plea Withdrawal.
(1) The court shall allow the defendant to withdraw a plea of guilty whenever the defendant,
upon on a timely motion for withdrawal, proves that withdrawal is necessary to correct a manifest injustice.
(2) A motion for withdrawal is timely if made with due diligence, considering the nature of the allegations
therein, and is not necessarily barred because made subsequent to judgment or sentence.
(3) In the absence of a showing
that withdrawal is necessary to correct a manifest injustice, a defendant may not withdraw a plea of guilty as a matter of right once the plea has been accepted by the court. Before sentence, the court in its discretion may allow the defendant to withdraw a plea for any fair and just reason unless the prosecution has been substantially prejudiced by reliance upon the defendant's plea.
(e) Probation. After conviction of an offense, the defendant may be placed on probation as provided by law.
(f) Revocation of Probation Where the Court Retains Jurisdiction Under the Law.
(1) Taking Into Custody.
Upon On probable cause to believe that a probationer has violated a condition of probation, any State parole and probation officer, or any peace officer upon direction of directed by a State parole and probation officer or upon direction ordirected by an order of the court having jurisdiction may take the probationer into custody and thereafter shall forthwith bring the probationer before the court that originally placed the probationer upon on probation for a hearing on the alleged violation. Costs incurred in bringing the probationer before the court must be borne by the county wherein in which the probation was granted. The probationer may be admitted to bail pending the hearing.
(2) Hearing. The hearing
shall must be in open court with: (i)(A) Thethe probationer present, (ii)(B) Aa prior written notice of the alleged violation given to the probationer, and (iii)(C) Representationrepresentation by retained or appointed counsel unless waived.
If the violation is contested, the prosecution shall establish the violation by a preponderance of the evidence.
Upon After the hearing, the court, subject to limitations imposed by law, may revoke an order suspending a sentence or an order suspending the imposition of sentence, or continue probation on the same or different conditions, as the circumstances warrant. A record of the proceedings must be made in such manner that it can be transcribed as needed.