§ 901.3

901.3 Presentence investigation report. 1. If a presentence investigation is ordered by the court, the investigator shall promptly inquire into all of the following: a. The defendant’s characteristics, family and financial circumstances, needs, and potentialities. b. The defendant’s criminal record and social history.c. The circumstances of the offense.d. The time the defendant has been in detention.e. The harm to the victim, the victim’s immediate family, and the community. Additionally, the presentence investigator shall provide a victim impact statement form to each victim, ifone has not already been provided, and shall file the completed statement or statements withthe presentence investigation report. f. The defendant’s potential as a candidate for the community service sentence program established pursuant to section 907.13. g. Any mitigating circumstances relating to the offense and the defendant’s potential as a candidate for deferred judgment, deferred sentencing, a suspended sentence, or probation,if the defendant is charged with or convicted of assisting suicide pursuant to section 707A.2. h.

tential as a candidate for deferred judgment, deferred sentencing, a suspended sentence, or probation,if the defendant is charged with or convicted of assisting suicide pursuant to section 707A.2. h. Whether the defendant has a history of mental health issues or a substance use disorder. If so, the investigator shall inquire into the treatment options available in both the communityof the defendant and the correctional system. 2. All local and state mental and correctional institutions, courts, and police agencies shall furnish to the investigator on request the defendant’s criminal record and otherrelevant information. The originating source of specific mental health or substance usedisorder information including the histories, treatment, and use of medications shall notbe released to the presentence investigator unless the defendant authorizes the releaseof such information. If the defendant refuses to release the information, the presentenceinvestigator may note the defendant’s refusal to release mental health or substance usedisorder information in the presentence investigation report and rely upon other mentalhealth or substance use disorder information available to the

s refusal to release mental health or substance usedisorder information in the presentence investigation report and rely upon other mentalhealth or substance use disorder information available to the presentence investigator. Withthe approval of the court, a physical examination or psychiatric evaluation of the defendantmay be ordered, or the defendant may be committed to an inpatient or outpatient psychiatricfacility for an evaluation of the defendant’s personality and mental health. The results ofany such examination or evaluation shall be included in the report of the investigator. [C75, 77, §789A.4; C79, 81, §901.3; 82 Acts, ch 1069, §1]86 Acts, ch 1178, §2; 90 Acts, ch 1251, §63; 91 Acts, ch 219, §23; 96 Acts, ch 1002, §4; 2011 Acts, ch 7, §1 – 3; 2013 Acts, ch 30, §222; 2023 Acts, ch 19, §1321, 1322 Referred to in §901.2Subsection 1, paragraph h amendedSubsection 2 amended Sat Dec 23 12:36:07 2023 Iowa Code 2024, Section 901.3 (22, 1)