TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 12, 2017
RE: Rule 32, N.D.R.Crim.P., Sentencing and Judgment
N.D. Const. Art. I, § 25(1)(l) gives victims: "[t]he right, upon request, to receive a copy of any report or record relevant to the exercise of a victim's right, except for those portions made confidential by law or unless a court determines disclosure would substantially interfere with the investigation of a case, and to receive a copy of any presentence report or plan of disposition when available to the defendant or delinquent child."
Rule 32(c)(4)(A) contains strong protections against disclosure of the presentence report to anyone. Under Rule 32(c)(4)(B), however, the court has discretion to disclose material the presentence report to the defendant. A proposed amendment to Rule 32(c)(4)(B) would allow the victim, on request, to see whatever material is disclosed to the defendant. This proposed amendment is intended to be consistent with the last clause of Art. I, § 25(1)(l).
Disclosure of material in the presentence report to the victim, however, does not make the presentence report public. Therefore, an additional amendment to Rule 32(c)(4)(B) is proposed to specify that "Material from a presentence report and any addendum disclosed under this provision must remain confidential and may not be read or copied by anyone else except as allowed by Rule 32(c) or federal law."
The proposed amendments to Rule 32 are attached.