Supreme Court Rules - Rule 37 - Statutory and Ordinance Violations and Violation Bureaus: Sentence and Judgment

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Supreme Court Rules

		Section/Rule:	37.64
Subject:	Rule 37 - Statutory and Ordinance Violations and Violation Bureaus	Publication / Adopted Date:	May 14, 1985
Topic:	Sentence and Judgment	Revised / Effective Date:	January 1, 2019

37.64. Sentence and Judgment

(a) Pre-sentence Investigation.

(1)

When Made

. When a probation or parole officer is available to the judge and upon the direction of the judge, the officer shall make a pre-sentence investigation and report to the judge before the imposition of sentence or the granting of probation. The report shall be submitted to the court only after the defendant has pleaded guilty or has been found guilty.

(2)

Report

. The report of the pre-sentence investigation shall contain such information as the judge shall request. Before making any authorized disposition, the judge, upon request of defendant or the attorney for defendant, shall allow the defendant and the attorney for the defendant access to the complete pre-sentence investigation report and recommendations.

(b) Sentence. Sentence shall be imposed without unreasonable delay. A defendant must be personally present when sentence and judgment are pronounced unless the judge, the prosecutor, and the defendant consent to the absence of the defendant.

(c) Notification of Right to Trial De Novo. After imposing sentence, the judge shall advise the defendant of any right to trial de novo and the right of a defendant who is unable to pay the cost the right to proceed as an indigent.

(d) Judgment. A judgment of conviction shall set forth the plea, the verdict or findings, and the adjudication and sentence. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly.

(e) Probation and Parole. If authorized by law, the judge may suspend the imposition of sentence or execution of sentence and place the defendant on probation or parole for a term not to exceed two years.

(f) Stay of Sentence. The court in which any judgment, whether of incarceration or fine, was rendered may grant, by an order entered of record and signed by the judge, a stay of execution upon such judgment or portion thereof for a specified period or periods of time. The judge may require the defendant to enter into a bond conditioned upon surrender of the defendant in execution upon such judgment on a day to be specified in such order.

(g) Conviction of Two or More Sentences. When pronouncing sentence, the judge shall state whether the sentence shall run consecutively or concurrently with sentences on one or more ordinance violations for which defendant is being sentenced or for which defendant has been previously sentenced. If the judge fails to do so at the time of pronouncing the sentences, the respective sentences shall run concurrently.

(Adopted May 14, 1985, eff. Jan. 1, 1986. Amended Dec. 23, 2003, eff. July 1, 2004; Dec. 18, 2018, eff. Jan. 1, 2019.)