Kansas Statutes Annotated

K.S.A. § 21-6813 (2026)

Presentence investigation report; information included; part of court record; confidential information, disclosure to certain parties; report format

✓ current as of May 2026
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21-6813. Presentence investigation report; information included; part of court record; confidential information, disclosure to certain parties; report format. (a) The court shall order the preparation of the presentence investigation report by the court services officer as soon as possible after conviction of the defendant.

(b) Each presentence investigation report prepared for an offender to be sentenced for one or more felonies committed on or after July 1, 1993, shall be limited to the following information:

(1) A summary of the factual circumstances of the crime or crimes of conviction.

(2) If the defendant desires to do so, a summary of the defendant's version of the crime.

(3) When there is an identifiable victim, a victim report. The person preparing the victim report shall submit the report to the victim and request that the information be returned to be submitted as a part of the presentence investigation. To the extent possible, the report shall include a complete listing of restitution for damages suffered by the victim.

(4) An appropriate classification of each crime of conviction on the crime severity scale.

(5) A listing of prior adult convictions or juvenile adjudications for felony or misdemeanor crimes or violations of county resolutions or city ordinances comparable to any misdemeanor defined by state law. Such listing shall include an assessment of the appropriate classification of the criminal history on the criminal history scale and the source of information regarding each listed prior conviction and any available source of journal entries or other documents through which the listed convictions may be verified. If any such journal entries or other documents are obtained by the court services officer, they shall be attached to the presentence investigation report. Any prior criminal history worksheets of the defendant shall also be attached.

(6) A proposed grid block classification for each crime, or crimes of conviction and the presumptive sentence for each crime, or crimes of conviction.

(7) If the proposed grid block classification is a grid block that presumes imprisonment, the presumptive prison term range and the presumptive duration of postprison supervision as it relates to the crime severity scale.

(8) If the proposed grid block classification does not presume prison, the presumptive prison term range and the presumptive duration of the nonprison sanction as it relates to the crime severity scale and the court services officer's professional assessment as to recommendations for conditions to be mandated as part of the nonprison sanction.

(9) For defendants who are being sentenced for a conviction of a felony violation of K.S.A. 65-4160 or 65-4162, prior to their repeal, or K.S.A. 21-5706, and amendments thereto, and meet the requirements of K.S.A. 21-6824, and amendments thereto, the drug abuse assessment as provided in K.S.A. 21-6824, and amendments thereto.

(10) For defendants who are being sentenced for a third or subsequent felony conviction of a violation of K.S.A. 65-4160 or 65-4162, prior to their repeal, or K.S.A. 21-5706, and amendments thereto, the drug abuse assessment as provided in K.S.A. 21-6824, and amendments thereto.

(c) The presentence investigation report will become part of the court record and shall be accessible to the public, except that the official version, defendant's version and the victim's statement, any psychological reports, risk and needs assessments and drug and alcohol reports and assessments shall be accessible only to: The parties; the sentencing judge; the department of corrections; community correctional services; any entity required to receive the information under the interstate compact for adult offender supervision; and, if requested, the Kansas sentencing commission. If the offender is committed to the custody of the secretary of corrections, the report shall be sent to the secretary and, in accordance with K.S.A. 75-5220, and amendments thereto, to the warden of the state correctional institution to which the defendant is conveyed.

(d) The criminal history worksheet will not substitute as a presentence investigation report.

(e) The presentence investigation report will not include optional report components, which would be subject to the discretion of the sentencing court in each district except for psychological reports and drug and alcohol reports.

(f) Except as provided in K.S.A. 21-6814, and amendments thereto, the court may take judicial notice in a subsequent felony proceeding of an earlier presentence investigation report criminal history worksheet prepared for a prior sentencing of the defendant for a felony committed on or after July 1, 1993.

(g) All presentence investigation reports in any case in which the defendant has been convicted of a felony shall be on a form approved by the Kansas sentencing commission.

History: L. 2010, ch. 136, § 294; L. 2011, ch. 30, § 80; L. 2019, ch. 59, § 2; July 1.

Notes of Decisions
Cited in 15 cases (11 in the last 5 years), 2015–2026 · leading case: State v. Roat, 466 P.3d 439 (Kan. 2020).
State v. Roat, 466 P.3d 439 (Kan. 2020). “The statutes that govern criminal history determinations— K.S.A. 2018 Supp. 21-6813 and K.S.A. 2018 Supp.”
State v. Hilyard, 515 P.3d 267 (Kan. 2022). “21-6703, and amendments thereto or for crimes committed on or after July 1, 1993, a presentence investigation report as provided in K.S.A. 21-6813, and amendments thereto, the trial judge may order the defendant committed for mental examination, evaluation and report.”
State v. Tracy, 466 P.3d 434 (Kan. 2020). “K.S.A. 2019 Supp. 21-6814(c); State v. Schow, 287 Kan.”
State v. Swazey, 357 P.3d 893 (Kan. Ct. App. 2015). “21-6824(b)-(c) also states: “(b) As a part of the presentenoe investigation pursuant to K.S.A. 2014 Supp. 21-6813, and amendments thereto, offenders who meet the requirements of subsection (a), unless odierwise specifically ordered by the court, shall be subject to: (1) A drug…”
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). · cites it 2× “This statute reflects legislative intent that we do not look beyond the fact of verification when determining the validity of a conviction for purposes of criminal history.”
State v. Turpin (Kan. Ct. App. 2026). · cites it 6× “Turpin maintains that the plain language of K.S.A. 21-6813 does not allow a PSI to meet the State's burden of proving a restitution amount.”
State v. Herrera (Kan. Ct. App. 2021). · cites it 4× “These procedures 5 are outlined in K.S.A. 2020 Supp. 21-6813 and K.S.A. 2020 Supp.”
State v. Mitchell, 539 P.3d 218 (Kan. 2023). “presentence investigation report as provided in K.S.A. 21-6813, and amendments thereto, the trial judge may order the defendant committed for mental examination, evaluation and report.”
State v. Crossman (Kan. Ct. App. 2021). · cites it 2× “In addition, the district court explicitly stated on the record that Crossman was convicted of aggravated battery, a severity level 5 person felony, and that the sentencing range was 46 to 51 months.”
State v. Haley (Kan. Ct. App. 2021). · cites it 2× “Moreover, under K.S.A. 2020 Supp. 21-6813(a), it is the duty of the court to order preparation of a PSI by a court services officer.”
State v. McCarty (Kan. Ct. App. 2021). “See K.S.A. 2020 Supp. 21-6813(b). Here, McCarty is challenging the validity of the underlying proceedings supporting his prior convictions.”
State v. Duncan (Kan. Ct. App. 2021). “But even if we were to interpret K.S.A. 2020 Supp. 21-6813(b)(5) in the manner Duncan suggests, she still had to object to alert the district court to the alleged deficiency.”
— K.S.A. § 21-6813(a) — 2 cases
State v. Haley (Kan. Ct. App. 2021). “Moreover, under K.S.A. 2020 Supp. 21-6813(a), it is the duty of the court to order preparation of a PSI by a court services officer.”
State v. Moore (Kan. Ct. App. 2022).
— K.S.A. § 21-6813(b) — 1 case
State v. McCarty (Kan. Ct. App. 2021). “See K.S.A. 2020 Supp. 21-6813(b). Here, McCarty is challenging the validity of the underlying proceedings supporting his prior convictions.”
— K.S.A. § 21-6813(b)(3) — 1 case
State v. Turpin (Kan. Ct. App. 2026). “Turpin maintains that the plain language of K.S.A. 21-6813 does not allow a PSI to meet the State's burden of proving a restitution amount.”
— K.S.A. § 21-6813(b)(5) — 4 cases
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). “This statute reflects legislative intent that we do not look beyond the fact of verification when determining the validity of a conviction for purposes of criminal history.”
State v. Herrera (Kan. Ct. App. 2021). “These procedures 5 are outlined in K.S.A. 2020 Supp. 21-6813 and K.S.A. 2020 Supp.”
State v. Haley (Kan. Ct. App. 2021). “Moreover, under K.S.A. 2020 Supp. 21-6813(a), it is the duty of the court to order preparation of a PSI by a court services officer.”
State v. Duncan (Kan. Ct. App. 2021). “But even if we were to interpret K.S.A. 2020 Supp. 21-6813(b)(5) in the manner Duncan suggests, she still had to object to alert the district court to the alleged deficiency.”
— K.S.A. § 21-6813(c) — 1 case
State v. Crossman (Kan. Ct. App. 2021). “In addition, the district court explicitly stated on the record that Crossman was convicted of aggravated battery, a severity level 5 person felony, and that the sentencing range was 46 to 51 months.”
— K.S.A. § 21-6813(f) — 1 case
State v. Crossman (Kan. Ct. App. 2021). “In addition, the district court explicitly stated on the record that Crossman was convicted of aggravated battery, a severity level 5 person felony, and that the sentencing range was 46 to 51 months.”
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