LCrR 7.1 PROCEDURES BEFORE SENTENCING (b)(1) When required; Time of Service. Unless otherwise directed by the Court, the prosecuting attorney and the defendant's attorney shall, not less than ten (10) days before the sentencing date, serve a copy of any presentence report upon the opposing party and send the original to the sentencing judge. The Department of Corrections shall serve a copy of its report upon the prosecuting attorney and the defense attorney and the original to the sentencing judge not less than ten days before the sentencing date. (2) Contents of Defendant's Report. The defendant's presentence report which requests a sentence outside of the standard range shall outline any proposed programs, specifically state, among the other details, what community resources are available for implementation of the program. If the defendant is not requesting a sentence outside of the standard range, the defense presentence report shall indicate the recommended sentence, the type of program that should be afforded the defendant, and reasons therefore. (3) Penalties for Violation. A violation of this rule may result in the refusal of the Court to proceed with the sentencing until after reports have been served and filed as directed herein, and in the imposition of terms, or the Court may proceed to impose sentence without regard to the violation. (4) Preliminary Confidential Filing of Report. The Clerk of the Court shall file under seal and not permit examination of the pre-sentence report, any psychological, sociological, and mental health examinations, sex offender treatment evaluations, and polygraph examinations until further order of the court. Upon request for the inspection of such documents, the court shall reasonably promptly inspect the file and provide for inspection of all non-confidential and disclosable information to the requesting individual.
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