Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 7 - POST-TRIAL PROCEDURES IN COURT CASES
Part A - Sentencing Procedures
Rule 702 - Aids in Imposing Sentence

Universal Citation: 234 PA Code ยง 702

Current through Register Vol. 54, No. 12, March 23, 2024

(A) PRE-SENTENCE INVESTIGATION REPORT.

(1) The sentencing judge may, in the judge's discretion, order a pre-sentence investigation report in any case.

(2) The sentencing judge shall place on the record the reasons for dispensing with the pre-sentence investigation report if the judge fails to order a pre-sentence report in any of the following instances:
(a) when incarceration for one year or more is a possible disposition under the applicable sentencing statutes;

(b) when the defendant is less than 21 years old at the time of conviction or entry of a plea of guilty; or

(c) when a defendant is a first offender in that he or she has not heretofore been sentenced as an adult.

(3) The pre-sentence investigation report shall include information regarding the circumstances of the offense and the character of the defendant sufficient to assist the judge in determining sentence.

(4) The pre-sentence investigation report shall also include a victim impact statement as provided by law.

(B) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION.

After a finding of guilt and before the imposition of sentence, after notice to counsel for both parties, the sentencing judge may, as provided by law, order the defendant to undergo a psychiatric or psychological examination. For this purpose the defendant may be remanded to any available clinic, hospital, institution, or state correctional diagnostic and classification center for a period not exceeding 60 days.

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