Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 9733 (2026)

General principles of disclosure of presentence report.

✓ current as of May 2026

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§ 9733. General principles of disclosure of presentence report.

The presentence report shall not be a public record. It shall be available only to the following persons or agencies under the conditions stated:

(1) The report shall be available to the court for the purpose of assisting it in determining the sentence.

(2) The report shall be available on court order to persons or agencies having a legitimate professional interest in the information likely to be contained in the report, as, for example:

(i) A physician or psychiatrist appointed to assist the court in sentencing.

(ii) An examining facility.

(iii) A correctional institution except that no court order is necessary under section 9759(c) (relating to documents transmitted to prison and parole authorities).

(iv) A department of probation or parole except that no court order is necessary under section 9759(c).

(3) The report shall be available to reviewing courts when relevant to an issue on which a request for review or an appeal has been taken.

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

1980 Amendment. Act 142 amended par. (2)(iii) and (iv).

Suspension by Court Rule. Section 9733 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.

Notes of Decisions

Cited in 4 cases, 1993–2019 · leading case: Faison v. Parker, 823 F. Supp. 1198 (E.D. Pa. 1993).

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Faison v. Parker, 823 F. Supp. 1198 (E.D. Pa. 1993). · cites it 3× “Protective safeguards are provided by state statute, 42 Pa.Cons.Stat.Ann. § 9733, which states in relevant part: The presentence report shall not be a public record.”

United States v. Willie Tyler, A/K/A \Little Man\" Willie Tyler", 281 F.3d 84 (3rd Cir. 2002). “Tyler’s attorney seems to have objected to a reference to Bell's trial. She did not object to the mention of Willie Tyler’s trial.”

Hunt v. Pennsylvania Dep't of Corr., 698 A.2d 147 (Pa. Commw. Ct. 1997). “§§ 9101—9183, and Sections 9733 and 9734 of the Sentencing Code, both as amended, 42 Pa.C.S. §§ 9733 and 9734, which concern disclosure of pre-sentence reports, but which were suspended by Pa.”

W.E. Webster III v. Lehigh Cnty. Adult Prob. & Parole (Pa. Commw. Ct. 2019). “42 Pa.C.S. § 9733 (“The [PSI] shall not be a public record.”

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