76-3-404.   Presentence investigation and diagnostic evaluation -- Commitment of defendant -- Sentencing procedure.
     (1) (a) (i) In felony cases where the court is of the opinion imprisonment may be appropriate but desires more detailed information as a basis for determining the sentence to be imposed than has been provided by the presentence report, the court may in its discretion commit a convicted defendant to the custody of the Department of Corrections for a diagnostic evaluation for a period not exceeding 90 days.
     (ii) The Department of Corrections shall conduct a complete study and evaluation of the defendant during that time, inquiring into matters including:
     (A) the defendant's previous delinquency or criminal experience;
     (B) his social background;
     (C) his capabilities;
     (D) his mental, emotional, and physical health; and
     (E) the rehabilitative resources or programs which may be available to suit his needs.
     (b) (i) By the expiration of the commitment period, or by the expiration of additional commitment time the court may grant, not exceeding a further period of 90 days, the defendant shall be returned to the court for sentencing and the court, prosecutor, and the defendant or his attorney shall be provided with a written diagnostic evaluation report of results of the study, including any recommendations the Department of Corrections or the Utah State Hospital believes will be helpful to a proper resolution of the case.
     (ii) Any diagnostic evaluation report ordered by the court is supplemental to and becomes a part of the presentence investigation report.
     (iii) After receiving the diagnostic evaluation report and recommendations, the court shall proceed to sentence a defendant in accordance with the sentencing alternatives provided under Section 76-3-201.
     (2) Any commitment for presentence investigation under this section does not constitute a commitment to prison. However, any person who is committed to prison following proceedings under this section shall be given credit against his sentence for the time spent in confinement for a presentence investigation report.

Amended by Chapter 206, 1991 General Session
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Last revised: Wednesday, October 08, 2008