Legal Question in Criminal Law in Iowa

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 be opened only by

further court order. The defendant's attorney and the attorney for

the state shall have access to the presentence investigation report

at least three days prior to the date set for sentencing. The report

shall remain confidential except upon court order. However, the

court may conceal the identity of the person who provided

confidential information. The report of a medical examination or

psychological or psychiatric evaluation shall 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 the court. If the defendant is committed to the custody of

the Iowa department of corrections and is not a class "A" felon, the

department and the board of parole shall have access to the

presentence investigation report. Pursuant to section 904.602, the

presentence investigation report may also be released by ordinary or

electronic mail by the department of corrections or a judicial

district department of correctional services to another jurisdiction

for the purpose of providing interstate probation and parole compact

or interstate compact for adult offender supervision services or

evaluations, or to a substance abuse or mental health services

provider when referring a defendant for 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.