Idaho Code
Idaho Code

Idaho Code § 20-220 (2026)

Investigation and examination to precede probation or suspension of sentence. 

✓ current as of May 2026
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Investigation and examination to precede probation or suspension of sentence. 

When a probation and parole officer is available to the court, no defendant shall be placed on probation until a written report of investigation by a parole and probation officer shall have been presented to and considered by the court, and no defendant charged with a felony or indictable offense shall be released under suspension of sentence without such investigation. The parole and probation officer shall inquire into the circumstances of the offense, criminal record, social history and present condition of the defendant. Whenever practicable, such investigation shall include a physical and mental examination of the defendant. If a defendant is committed to any institution, the probation officer shall send a report of such investigation to the institution at the time of commitment.

Notes of Decisions
Cited in 21 cases, 1954–2020 · leading case: State v. Coutts, 609 P.2d 642 (Idaho 1980).
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State v. Coutts, 609 P.2d 642 (Idaho 1980). · cites it 16× “The validity of this statement from the Oregon court is buttressed in Idaho by the enactment in 1947 of I.C. § 20-220, which provides for the written report of investigation by a parole and probation officer prior to sentencing of a defendant.”
State v. Creech, 670 P.2d 463 (Idaho 1983). · cites it 4× “I.C. § 20-220 sets out the scope of such investigation, requires a written report, and mandates: "The parole and probation officer shall inquire into the circumstances of the offense, criminal record, social history and present condition of the defendant.”
State v. Johnson, 618 P.2d 759 (Idaho 1980). · cites it 4× “I.C. § 20-220. A defendant is entitled to challenge the reliability of the hearsay information contained in a presentence report at his sentence hearing, and in order to exercise this right he is entitled to examine the report prior to the sentence hearing and to bring to the…”
State v. Romero, 775 P.2d 1233 (Idaho 1989). · cites it 8× “Gowin, 97 Idaho 146, 147 , 540 P.2d 808, 809 (1975), the Court's opinion stated: We recognize that a presentence report is only mandatory in the event that a trial court is considering a defendant for probation (I.”
State v. Cootz, 718 P.2d 1245 (Idaho Ct. App. 1986). · cites it 4× “I.C. § 20-220; I.C.R. 32. Cootz claims that it was error for the court to consider the report because he requested a formal sentencing hearing pursuant to I.”
State v. Mason, 692 P.2d 350 (Idaho 1984). · cites it 10× “Although the presentence report originally recommended that the court retain jurisdiction over Mason for 120 days, the trial judge refused to retain jurisdiction after the presentence report was supplemented.”
Ybarra v. Dermitt, 657 P.2d 14 (Idaho 1983). · cites it 4× “See I.C. §§ 20-220 and 19-2601. It is the Court that has done so.”
State v. Arambula, 550 P.2d 130 (Idaho 1976). · cites it 2× “By his second assignment of error, the defendant contends that the record does not reflect whether the trial court considered the presentence report as required by I.C. § 20-220. That section provides in pertinent part: “When a probation and parole officer is available to the…”
State v. Rolfe, 444 P.2d 428 (Idaho 1968). · cites it 4× “I.C. § 20-220 provides that "no defendant shall be placed on probation until a written report of investigation by a parole and probation officer shall have been presented to and considered by the court, and no defendant charged with a felony or indictable offense shall be…”
State v. West, 633 P.2d 1140 (Idaho 1981). · cites it 4× “See I.C. § 20-220; I.C.R. 32(a), (c); Idaho Judges Sentencing Manual § 5.”
State v. Wallace, 563 P.2d 42 (Idaho 1977). · cites it 2× “They also disclosed that appellants had been employed, were permanent residents of Jerome and owned the home in which they lived.”
State v. Atwood, 832 P.2d 1134 (Idaho Ct. App. 1992). · cites it 2× “The reasons stated in the report for recommending relinquishment of jurisdiction included Atwood’s inability to take responsibility for his actions, past record, and likelihood of reoffending.”
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