557.026. Presentence investigation and sentencing assessment report — inquiry of victim, when. — 1. When a probation officer is available to any court, such probation officer shall, unless waived by the defendant, conduct a presentence investigation in all felony cases and make a sentencing assessment report to the court before any authorized disposition is made under section 557.011. In all class A misdemeanor cases a probation officer shall, if directed by the court, conduct a presentence investigation and make a sentencing assessment report to the court before any authorized disposition is made under section 557.011. The report shall not be submitted to the court or its contents disclosed to anyone until the defendant has been found guilty.
2. The sentencing assessment report shall be prepared, presented and utilized as provided by rule of court, except that no court shall prevent the defendant or the attorney for the defendant from having access to the complete sentencing assessment report and recommendations before any authorized disposition is made under section 557.011.
3. The defendant shall not be obligated to make any statement to a probation officer in connection with any sentencing assessment report.
4. When the jury enters a finding of guilt and assesses punishment, the probation officer shall, as part of the presentence investigation, inquire of the victim of the offense for which such punishment was assessed of the facts of the offense and any personal injury or financial loss incurred by the victim. If the victim is dead or otherwise unable to make a statement, the probation officer shall attempt to obtain such information from a member of the immediate family of the victim.
Notes of Decisions
Cited in
29
cases (
1 in the last 5 years), 1979–2021 · leading case:
State v. Phroper, 619 S.W.2d 83 (Mo. Ct. App. 1981).
State v. Phroper, 619 S.W.2d 83 (Mo. Ct. App. 1981).
· cites it 19× “unless waived by the defendant, make a presentence investigation in all felony cases and report to the court before any authorized disposition under section 557.”
Webb v. State, 334 S.W.3d 126 (Mo. 2011).
· cites it 6× “Section 557.026, RSMo 2000. But, as a document reviewed by the sentencing court, by Webb and by his attorney, it should be part of the record.”
State v. Shafer, 969 S.W.2d 719 (Mo. 1998).
· cites it 6× “The motion court also found that "[n]o pre-sentence investigation was offered or ordered, and the Movant did not waive a presentence investigation;" "that the sentencing proceeding in this case violated [section 557.026, RSMo 1994] because a presentence investigation was neither…”
Mason v. State, 368 S.W.3d 182 (Mo. Ct. App. 2012).
· cites it 8× “821 and section 557.026, RSMo Cum.Supp. 2011, because those statutes prohibited reference to Mason’s California conviction for “Lewd and Lascivious Acts With a Child Under 14.”
State ex rel. Whittaker v. Webber, 605 S.W.2d 179 (Mo. Ct. App. 1980).
· cites it 8× “This is especially true as § 557.026 now makes a presentence report mandatory in all felony cases and that section along with Supreme Court Rule 29.”
State v. Berry, 609 S.W.2d 948 (Mo. 1980).
· cites it 2× “Nothing in this section shall prevent the use of presentence investigations or commitments under sections 557.026 and 557.031, RSMo. 3. At the sentencing hearing both the state and the defendant shall be permitted to present additional information bearing on the issue of…”
Martin v. State, 291 S.W.3d 846 (Mo. Ct. App. 2009).
· cites it 6× “026 provides that “[w]hen a probation officer is available to any court, such probation officer shall, unless waived by the defendant, make a pre-sentence investigation in all felony eases and report to the court.” § 557.”
State v. Sigh, 579 S.W.2d 657 (Mo. Ct. App. 1979).
· cites it 3× “Section 557.026, RSMo Supp.1977, effective January 1, 1979, contains the current provisions for pre-sentence investigation which were not in effect at the time of the trial court’s action denying defendant’s request for a report.”
State v. Jennings, 649 S.W.2d 448 (Mo. Ct. App. 1983).
· cites it 3× “Section 557.026 provides that a “probation officer shall, unless waived by the defendant, make a presentence investigation in all felony cases .”
Smith v. Harold's Supermarket, Inc., 685 S.W.2d 859 (Mo. Ct. App. 1984).
· cites it 3× “In addition, whenever a report is required under section 557.026, RSMo, there shall also be included a complete list of certain violations, of the juvenile code for which the defendant had been adjudicated a delinquent while a juvenile.”
Juv. Officer v. A.G.R., 359 S.W.3d 103 (Mo. Ct. App. 2011).
· cites it 3× “• If a juvenile is charged with an offense that would be a class A felony if committed by an adult or with capital murder, first-degree murder, or second-degree murder, the juvenile court records will be open to inspection; if a report is required under section 557.026, RSMo…”
Scharnhorst v. State, 775 S.W.2d 241 (Mo. Ct. App. 1989).
· cites it 2× “Nothing in this section shall prevent the use of presentence investigations or commitments under sections 557.026 and 557.031, RSMo. 7. At the sentencing hearing both the state and the defendant shall be permitted to present additional information bearing on the issue of…”
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