Arizona

Criminal Procedure

Criminal Procedure

Rule 26.6 – Court Disclosure of Reports Before Sentencing

(a)Disclosure to the Parties. The court must permit the State, defense counsel, and a self-represented defendant to review all presentence, diagnostic, and mental health reports concerning the defendant. If the court makes a portion of any report unavailable to one party, it must not make that portion available to any other party.
(b)Disclosure to a Victim. The court must permit the victim to review the presentence report after it makes the report available to the defendant, excluding any portions the court excises or that are confidential by law.
(c)Date of Disclosure. A report prepared under Rule 26.7(c) must be available to the parties no later than two days after it is delivered to the court and no less than two days before a presentencing hearing, unless the parties agree otherwise.
(d)Excision.

(1)Generally. The court may excise from copies of presentence, diagnostic and mental health reports disclosed to the parties:

(A) diagnostic opinions that might seriously disrupt a program of rehabilitation;
(B) sources of information obtained on a promise of confidentiality; and
(C) information that would disrupt an ongoing law enforcement investigation.
(2)Disclosure. The court must inform the parties if a portion of a report is not disclosed, and must state on the record its reasons for not disclosing it.
(e)Court Disclosure of Reports After Sentencing.

(1)Disclosure to Personnel Responsible for the Defendant. After sentencing, the court must furnish to persons having direct responsibility for the defendant’s custody, rehabilitation, treatment, or release all diagnostic, mental health, and presentence reports, except for portions excised under (d)(1)(B) and (C).
(2)Disclosure to Courts. The court must make an unexcised version of any report listed in (e)(1) available to:

(A) a reviewing court when a relevant issue has been raised; and
(B) a court sentencing the defendant after a later conviction.
(f)Public Disclosure of Reports. A report prepared under Rules 26.4, 26.5, or 26.7(c) is a public record unless the court orders otherwise or it is confidential by law.

Ariz. R. Crim. P. 26.6

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 26.6, relating to disclosure of the pre-sentence, diagnostic, and mental health reports, was abrogated effective January 1, 2018.