(I) SENTENCING A DEFENDANT WHO IS CONVICTED OF A FELONY
OR OF A MISDEMEANOR THAT RESULTED IN SERIOUS PHYSICAL INJURY OR DEATH
TO THE VICTIM TO THE JURISDICTION OF THE DIVISION OF CORRECTION; OR

(II) REFERRING A DEFENDANT TO THE PATUXENT INSTITUTION.

(2) THE PARTY THAT REQUESTS THE REPORT HAS THE BURDEN OF
ESTABLISHING THAT THE INVESTIGATION SHOULD BE ORDERED.

(3) IF REQUIRED UNDER ARTICLE 27, § 781 OF THE CODE, THE REPORT
SHALL INCLUDE A VICTIM IMPACT STATEMENT.

(C) SAME — REQUIRED.

(1) THE DIVISION SHALL COMPLETE A PRESENTENCE INVESTIGATION
REPORT IN EACH CASE IN WHICH THE DEATH PENALTY OR IMPRISONMENT FOR LIFE
WITHOUT THE POSSIBILITY OF PAROLE IS REQUESTED UNDER ARTICLE 27, § 412 OF
THE CODE.

(2) THE REPORT SHALL INCLUDE A VICTIM IMPACT STATEMENT AS
PROVIDED UNDER ARTICLE 27, § 781 OF THE CODE.

(3) THE COURT OR JURY BEFORE WHICH THE SEPARATE SENTENCING
PROCEEDING IS CONDUCTED UNDER ARTICLE 27, § 412 OR § 413, OF THE CODE SHALL
CONSIDER THE REPORT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-609(b), (c), and (d).

In the introductory language of subsection (a)(1) of this section, the former
reference to "the judge of" the court is deleted as unnecessary in light of
the reference to "a court".

In subsection (a)(1)(i), (2), and (3) of this section, the references to a
presentence "investigation" report are added for consistency with Art.
10, § 40A.

In subsection (a)(1) of this section, the former requirement that the
Division perform probationary services "from time to time" is deleted as
implicit in the requirement that the Division perform probationary
services "[o]n request".

In subsection (a)(3)(iv) of this section, the former reference to the "District
of Columbia" is deleted as included in the defined term "state". See § 1-101
of this article.

In subsection (a)(3)(v) of this section, the reference to a public or private
mental health facility "located in this State or any other state" is
substituted for the former reference to a public or private mental health
facility "in any of those jurisdictions" for clarity and accuracy.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the list of individuals who