§ 901.4

901.4 Presentence investigation report confidential — access. The presentence investigation report is confidential and the court shall provide safeguards to ensure its confidentiality, including but not limited to sealing the report, which may beopened only by further court order. The defendant’s attorney and the attorney for the stateshall have access to the presentence investigation report at least three days prior to the dateset for sentencing. The defendant’s appellate attorney and the appellate attorney for thestate shall have access to the presentence investigation report upon request and withoutthe necessity of a court order. The report shall remain confidential except upon court order. However, the court may conceal the identity of the person who provided confidentialinformation. The report of a medical examination or psychological or psychiatric evaluationshall be made available to the attorney for the state and to the defendant upon request.The reports are part of the record but shall be sealed and opened only on order of thecourt. If the defendant is committed to the custody of the Iowa department of correctionsand is not a class 'A' felon, an employee of the

the record but shall be sealed and opened only on order of thecourt. If the defendant is committed to the custody of the Iowa department of correctionsand is not a class 'A' felon, an employee of the department, if authorized by the directorof the department, an employee of a judicial district department of correctional services, ifauthorized by the director of the judicial district department of correctional services, and anemployee of the board of parole, if authorized by the chairperson or a member of the boardof parole, shall have access to the presentence investigation report. Pursuant to section904.602, the presentence investigation report may also be released by ordinary or electronicmail by the department of corrections or a judicial district department of correctionalservices to another jurisdiction for the purpose of providing interstate probation and parolecompact or interstate compact for adult offender supervision services or evaluations, or toa substance use disorder or mental health services provider when referring a defendantfor services. The defendant or the defendant’s attorney may file with the presentence investigation report, a denial or refutation of the

or mental health services provider when referring a defendantfor services. The defendant or the defendant’s attorney may file with the presentence investigation report, a denial or refutation of the allegations, or both, contained in the report.The denial or refutation shall be included in the report. [C75, 77, §789A.5; C79, 81, §901.4]83 Acts, ch 38, §3; 83 Acts, ch 96, §124, 159, 160; 89 Acts, ch 279, §7; 98 Acts, ch 1095, §1; 98 Acts, ch 1169, §17; 99 Acts, ch 112, §20; 2003 Acts, 1st Ex, ch 2, §50, 209; 2004 Acts, ch1101, §92; 2004 Acts, ch 1106, §1; 2004 Acts, ch 1175, §465, 468; 2005 Acts, ch 171, §6; 2006Acts, ch 1007, §1; 2010 Acts, ch 1159, §16; 2021 Acts, ch 11, §5; 2023 Acts, ch 19, §1323 Referred to in §216A.136Section amended Sat Dec 23 12:36:07 2023 Iowa Code 2024, Section 901.4 (21, 1)