Arizona

Criminal Procedure

Rule 26.8 – The States Disclosure Duty; Objections and Corrections to a Presentence Report

(a)The State’s Disclosure Duty. The State must disclose any information in its possession or control it has not already disclosed that would tend to reduce the defendant’s punishment.
(b)Notice of Objections. At least one day before the presentencing hearing, each party must notify the court and other parties of the party’s objections, if any, to the contents of any report prepared under Rules 26.4, 26.5 or 26.7(c).
(c) Corrections to a Presentence Report. If the court sustains any objection to a presentence report’s contents, it may take appropriate action, including but not limited to:

(1) excising portions of the report, including any objectionable language;
(2) ordering a new presentence report to be prepared with specific instructions and directions;
(3) directing that a different probation officer prepare a new presentence report; or
(4) ordering the presentence report sealed.

Ariz. R. Crim. P. 26.8

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

HISTORICAL AND STATUTORY NOTES

Former Rule 26.8, relating to notice of objections, special duty of the prosecutor, and corrections to pre-sentence report, was abrogated effective January 1, 2018.