Md. Crim. Causes. 4-341
Before imposing a sentence, the court in accordance with Code, Correctional Services Article, § 6-112(c) and Code, Criminal Procedure Article, § 11-727 shall, and in other cases may, order a presentence investigation and report. A copy of the report, including any recommendation to the court, shall be mailed or otherwise delivered to the defendant or counsel and to the State's Attorney in sufficient time before sentencing to afford a reasonable opportunity for the parties to investigate the information in the report. Except for any portion of a presentence report that is admitted into evidence, the report, including any recommendation to the court, is not a public record and shall be kept confidential as provided in Code, Correctional Services Article, § 6-112.
Md. Crim. Causes. 4-341
This Rule is derived from former Rule 771 and M.D.R. 771.
HISTORICAL NOTES
2000 Orders
The May 9, 2000, order substituted "Correctional Services Article, § 6-112 " for "Article 41, § 4-609 "; and amended the cross reference.
2002 Orders
The October 31, 2002, order, in the third sentence, inserted "Except for any portion of a presentence report that is admitted into evidence,".
2007 Orders
The December 4, 2007, order, substituted the court in accordance with Code, Correctional Services Article, § 6-112(c) and Code, Criminal Procedure Article, § 11-727 shall for if required by law the court shall; and amended the cross reference.
As to mandatory presentence investigations, see Sucik v. State, 344 Md. 611 (1997). As to victim impact statements in presentence reports, see Ware v. State, 348 Md. 19 (1997). As to the confidentiality and availability of presentence reports, see Haynes v. State, 19 Md. App. 428 (1973).