Section 791.9901. Definitions.  


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  • Rule 901. As used in this part:

    (a)    "Disposition" means a term of probation or imprisonment, or a fine, or any combination thereof, imposed upon the offender by the sentencing court.

    (b)   "Offender" means a person convicted of a felony or misdemeanor.

    (c)     "Presentence investigation" means an investigation of the antecedents, character, and circumstances of the offender and the offense, made by the presentence investigator for the purpose  of  preparing  a presentence report.

    (d)     "Presentence investigator" means a probation agent  responsible  for conducting presentence investigations and preparing  presentence  reports.

    (e)     "Presentence report" means a written report, based on the presentence investigation, made by the presentence investigator to the sentencing court for the purpose of aiding the court in reaching a just and rational disposition of an offender's case.

    (f)   "Probation agent" means a member of the bureau of field services or a public employee certified by the corrections commission, who  is responsible for the preparation of presentence reports on offenders or for the supervision of probationers placed in his or her care by the sentencing court, or responsible for both such functions.

    (g)    "Probation plan" means a statement by the presentence investigator in the presentence report describing proposed terms and conditions  of probation, the objectives to be achieved by probation, and the program of supervision proposed in order to achieve those objectives.

    (h)     "Probationer" means an offender who is placed on      probation        by      the sentencing court.

    (i)    "Sentencing court" means the court with jurisdiction to pass or modify sentence on a particular offender's case, or a member of the bench of that court who has responsibility for sentencing, resentencing, or modifying the sentence of a particular offender.

    (j)   "Short form" means a  brief  presentence report  which  contains  a summary of the data relating to  the  current  offense,  the  offender's criminal and social history, and a recommended disposition.

History: 1979 AC.