(a) Sentence.(1)Timing. Sentence shall be imposed without unreasonable delay, provided, however, that the court may suspend the execution thereof to a date certain or determinable. In circumstances other than addressed in Rule 38, if a stay of execution has been ordered and if at the conclusion of the stay the defendant fails to surrender into the custody of the sheriff named in the commitment order, upon the request of the named sheriff or the attorney for the State, or by direction of the court, the clerk shall issue a warrant for the defendant’s arrest.(2)Allocution on a Conviction. Before imposing sentence on a Class C or higher crime, the court shall address the defendant personally and inquire if the defendant desires to be heard prior to the imposition of a sentence. In a Class D or E crime the court may address the defendant and inquire if the defendant desires to be heard prior to the imposition of sentence. The defendant may be heard personally or by counsel or both. Failure of the court to so address the defendant shall not affect the legality of the sentence unless the defendant shows that he or she has been prejudiced thereby.(3)Statement of Reasons for Sentence of Imprisonment of One Year or More. If the court imposes a sentence of one year or more, it shall set forth on the record the reasons for the sentence. This requirement shall also apply in cases in which there has been a plea agreement. In a case in which there is a sentence of less than one year’s imprisonment, the court may set forth on the record its reasons for the sentence. Noncompliance with this requirement shall not affect the legality of the sentence; however, it may affect appellate review by the Law Court.(b) Judgment. A judgment of conviction shall set forth the plea, the verdict or findings and the adjudication, sentence, the defendant’s date of birth and, when known, the defendant’s State Identification Number. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. A judgment of conviction shall be signed by the court and entered by the clerk of the Unified Criminal Docket.(c) Presentence Investigation and Report.(1)When Made. The court may in its discretion direct the Department of Corrections to make a presentence investigation and report to the court before the imposition of sentence. The report shall be in writing unless the court directs that it be orally presented. Whether written or oral, its content may not be disclosed to anyone, including the court, until the defendant has pleaded guilty or nolo contendere or has been found guilty.(2)Content of Report. Unless the court directs otherwise, the report of the presentence investigation shall contain any prior criminal record of the defendant and such information on the defendant’s characteristics, the defendant’s financial condition, and the circumstances affecting the defendant’s behavior as may be helpful in imposing sentence or in the correctional treatment of the defendant, and such other information as may be required by the court, including, for example, information relative to the imposition of probation or supervised release.(3)Access to Written Presentence Report and Right to Comment.
(A) In any case in which the court has ordered a written presentence report, in order to ensure that the defendant or, if the defendant is represented by counsel, both the defendant and the defendant’s counsel are accorded an opportunity to examine the content of the report, sentence shall not be imposed until at least 48 hours after the report is filed with the clerk of the Unified Criminal Docket, unless this time period is waived by the defendant. Consent of the defendant, if given, shall be made a part of the record. The clerk shall mail a date-stamped copy of the written presentence report to the defendant or, if represented by counsel, to counsel and note the mailing in the Unified Criminal Docket. Before imposing sentence, the court shall afford the defendant, counsel for the defendant, or both an opportunity to comment upon the presentence report as well as upon any information from confidential sources withheld from the written presentence report and presented at the time of sentencing.(B)Access to Written Presentence Report by the State. At the time the clerk mails a date-stamped copy of the written presentence report pursuant to (A) above, the clerk shall mail a date-stamped copy of that report to the attorney for the State and note the mailing in the Unified Criminal Docket.(4)Opportunity to Hear and Comment Upon Information Presented in an Oral Presentence Report. In any case in which the court has ordered an oral presentence report, before imposing sentence the court shall afford the defendant, counsel for the defendant, or both an opportunity to both hear and comment upon any information presented as part of the oral pre-sentence report.(d) Withdrawal of Plea of Guilty or Nolo Contendere. A motion to withdraw a plea of guilty or of nolo contendere may be made only before sentence is imposed.
