Ch. 585                                    1996 LAWS OF MARYLAND

857. RESERVED.

858. RESERVED.

SECTION 8. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article 41 - Governor - Executive and Administrative Departments

4-609.

(a)     Whenever any court shall suspend the sentence of any person convicted of
crime, and shall direct such person, to continue, for a certain time, or until otherwise
ordered, under the supervision of the Division, it shall be the duty of the said Division to
supervise, when so requested by said court, the conduct of such person and to ascertain
and report to said court whether or not the conditions of such probation or suspension of
sentence are being faithfully complied with by such person.

(b)     The parole and probation agents of the Division shall provide the judge of the
court with presentence reports or other investigations in all cases when requested by any
judge. The presentence reports are confidential and not available for public inspection
except upon court order. However, presentence reports shall be made available, upon
request, to the defendant's attorney, the State's Attorney, a correctional institution, a
parole or probation, or pretrial release official of this State, any other state, the United
States, or the District of Columbia, and a public or private mental health facility in any of
those jurisdictions, if the individual who is the subject of the report has been committed
or is being evaluated for commitment to the facility for treatment as a condition of
probation. The agents shall also perform any other probationary services the judges may
from time to time request.

(c)     (1) Prior to the sentence by the circuit court of any county to the jurisdiction
of the Division of Correction of a defendant convicted of a felony, or a misdemeanor
which resulted in serious physical injury or death to the victim, or the referral of any
defendant to the Patuxent Institution, the court may order the Division of Parole and
Probation to complete a presentence investigation if the court is satisfied that the
investigation would help the sentencing process. The burden of establishing that the
presentence investigation should be ordered is on the party that requests the
investigation.

(2) A PRESENTENCE INVESTIGATION MAY SHALL INCLUDE A VICTIM
IMPACT STATEMENT AS PROVIDED IF REQUIRED UNDER ARTICLE 27, § 781 OF THE
CODE

(d)     In any case in which the death penalty or imprisonment for life without the
possibility of parole is requested under Article 27, § 412, a presentence investigation,
including a victim impact statement AS PROVIDED UNDER ARTICLE 27, § 781 OF THE
CODE, shall be completed by the Division of Parole and Probation, and shall be
considered by the court or jury before whom the separate sentencing proceeding is
conducted under Article 27, § 412 or § 413.

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