Ohio § 2951.03

§ 2951.03.

(A)(1) Unless the defendant and the prosecutor who is handling the case against the defendant

agree to waive the presentence investigation report, no person who has been convicted

of or pleaded guilty to a felony shall be placed under a community control sanction

until a written presentence investigation report has been considered by the court.  The court may order a presentence investigation report notwithstanding an agreement

to waive the report.  If a court orders the preparation of a presentence investigation report pursuant

to this section, section 2947.06 of the Revised Code , or Criminal Rule 32.2 , the officer making the report shall inquire into the circumstances of the offense

and the criminal record, social history, and present condition of the defendant, all

information available regarding any prior adjudications of the defendant as a delinquent

child and regarding the dispositions made relative to those adjudications, and any

other matters specified in Criminal Rule 32.2 .  Whenever the officer considers it advisable, the officer's investigation may include

a physical and mental examination of the defendant.  A physical examination of the defendant may include a drug test consisting of a

chemical analysis of a blood or urine specimen of the defendant to determine whether

the defendant ingested or was injected with a drug of abuse.  If, pursuant to section 2930.13 of the Revised Code , the victim of the offense of which the defendant has been convicted wishes to make

a statement regarding the impact of the offense for the officer's use in preparing

the presentence investigation report, the officer shall comply with the requirements

of that section. (2) If a defendant is committed to any institution, the presentence investigation report

shall be sent to the institution with the entry of commitment.  If a defendant is committed to any institution and a presentence investigation report

is not prepared regarding that defendant pursuant to this section, section 2947.06 of the Revised Code , or Criminal Rule 32.2 , the director of the department of rehabilitation and correction or the director's

designee may order that an offender background investigation and report be conducted

and prepared regarding the defendant pursuant to section 5120.16 of the Revised Code .  An offender background investigation report prepared pursuant to this section shall

be considered confidential information and is not a public record under section 149.43 of the Revised Code . (3) The department of rehabilitation and correction may use any presentence investigation

report and any offender background investigation report prepared pursuant to this

section for penological and rehabilitative purposes.  The department may disclose any presentence investigation report and any offender

background investigation report to courts, law enforcement agencies, community-based

correctional facilities, halfway houses, and medical, mental health, and substance

abuse treatment providers.  The department shall make the disclosure in a manner calculated to maintain the

report's confidentiality.  Any presentence investigation report or offender background investigation report

that the department discloses to a community-based correctional facility, a halfway

house, or a medical, mental health, or substance abuse treatment provider shall not

include a victim impact section or information identifying a witness. (B)(1) If a presentence investigation report is prepared pursuant to this section, section 2947.06 of the Revised Code , or Criminal Rule 32.2 , the court, at a reasonable time before imposing sentence, shall permit the defendant

or the defendant's counsel to read the report, except that the court shall not permit

the defendant or the defendant's counsel to read any of the following: (a) Any recommendation as to sentence; (b) Any diagnostic opinions that, if disclosed, the court believes might seriously disrupt

a program of rehabilitation for the defendant; (c) Any sources of information obtained upon a promise of confidentiality; (d) Any other information that, if disclosed, the court believes might result in physical

harm or some other type of harm to the defendant or to any other person. (2) Prior to sentencing, the court shall permit the defendant and the defendant's counsel

to comment on the presentence investigation report and, in its discretion, may permit

the defendant and the defendant's counsel to introduce testimony or other information

that relates to any alleged factual inaccuracy contained in the report. (3) If the court believes that any information in the presentence investigation report

should not be disclosed pursuant to division (B)(1) of this section, the court, in

lieu of making the report or any part of the report available, shall state orally

or in writing a summary of the factual information contained in the report that will

be relied upon in determining the defendant's sentence.  The court shall permit the defendant and the defendant's counsel to comment upon

the oral or written summary of the report. (4) Any material that is disclosed to the defendant or the defendant's counsel pursuant

to this section shall be disclosed to the prosecutor who is handling the prosecution

of the case against the defendant. (5) If the comments of the defendant or the defendant's counsel, the testimony they introduce,

or any of the other information they introduce alleges any factual inaccuracy in the

presentence investigation report or the summary of the report, the court shall do

either of the following with respect to each alleged factual inaccuracy: (a) Make a finding as to the allegation; (b) Make a determination that no finding is necessary with respect to the allegation,

because the factual matter will not be taken into account in the sentencing of the

defendant. (C) A court's decision as to the content of a summary under division (B)(3) of this section

or as to the withholding of information under division (B)(1)(a), (b), (c), or (d)

of this section shall be considered to be within the discretion of the court.  No appeal can be taken from either of those decisions, and neither of those decisions

shall be the basis for a reversal of the sentence imposed. (D)(1) The contents of a presentence investigation report prepared pursuant to this section, section 2947.06 of the Revised Code , or Criminal Rule 32.2 and the contents of any written or oral summary of a presentence investigation report

or of a part of a presentence investigation report described in division (B)(3) of

this section are confidential information and are not a public record.  The contents of a presentence investigation report or of a part of a presentence

investigation report described in division (B)(3) of this section may be shared between

courts.  Any court, any appellate court, authorized probation officers, investigators, and

any authorized court personnel, the defendant, the defendant's counsel, the prosecutor

who is handling the prosecution of the case against the defendant, and authorized

personnel of an institution to which the defendant is committed may inspect, receive

copies of, retain copies of, and use a presentence investigation report or a written

or oral summary of a presentence investigation only for the purposes of or only as

authorized by Criminal Rule 32.2 or this section, division (F)(1) of section 2953.08 , section 2947.06 , or another section of the Revised Code. (2) Immediately following the imposition of sentence upon the defendant, the defendant

or the defendant's counsel and the prosecutor shall return to the court all copies

of a presentence investigation report and of any written summary of a presentence

investigation report or part of a presentence investigation report that the court

made available to the defendant or the defendant's counsel and to the prosecutor pursuant

to this section.  The defendant or the defendant's counsel and the prosecutor shall not make any copies

of the presentence investigation report or of any written summary of a presentence

investigation report or part of a presentence investigation report that the court

made available to them pursuant to this section. (3) Except when a presentence investigation report or a written or oral summary of a

presentence investigation report is being used for the purposes of or as authorized

by Criminal Rule 32.2 or this section, division (F)(1) of section 2953.08 , section 2947.06 , or another section of the Revised Code, the court or other authorized holder of

the report or summary shall retain the report or summary under seal. (E) In inquiring into the information available regarding any prior adjudications of

the defendant as a delinquent child and regarding the dispositions made relative to

those adjudications, the officer making the report shall consider all information

that is relevant, including, but not limited to, the materials described in division (B) of section 2151.14 , division (C)(3) of section 2152.18 , division (D)(3) of section 2152.19 , and division (E) of section 2152.71 of the Revised Code . (F) As used in this section: (1) “Prosecutor” has the same meaning as in section 2935.01 of the Revised Code . (2) “Community control sanction” has the same meaning as in section 2929.01 of the Revised Code . (3) “Public record” has the same meaning as in section 149.43 of the Revised Code .