21-4605. Availability of reports to counsel; exception.
21-4605
21-4605. Availability of reports to counsel; exception.(a) (1)The judge shall make available to the attorney for the state or counselfor the defendant the presentencereport, any report that may be received from the Topekacorrectional facility or the state securityhospital and other diagnostic reports and shall allow the attorney or counsela reasonable time to review the report before sentencing the defendant.
(2) The court shall permit the attorney for the state or the counsel forthe defendant to copy and retain any of the reports undersubsection (a)(1). Any reports copied and retained shall be kept in the recordsof the attorney for the state or the counsel for the defendant. Allcostsof copying such reports shall be paid by the office of the attorney for thestate or the counsel for the defendant making the request.
(b) The presentence report shall become part of the court recordandshall be accessible to the public, except that the official version, thedefendant's version, the victim's statement, any psychological reports andany drug and alcohol reports shall be accessible only to the attorney for thestate and the counsel for the defendant, thesentencing judge, the department of corrections and if requested, the Kansassentencing commission. If the offender is committed to the custody of thesecretary of corrections, the report shall be sent to the secretary and, inaccordance with K.S.A. 75-5220 and amendments thereto, to the warden of thestate correctional institution to which the defendant is conveyed.
(c) For felony crimes committed on or after July 1, 1993,the provisionsof this section are not applicable to the presentence investigation report.
History: L. 1969, ch. 180, § 21-4605; L. 1972, ch. 317, § 98; L.1973, ch.339, § 70; L. 1978, ch. 120, § 7; L. 1982, ch. 138, § 1;L. 1990, ch. 115, § 1; L. 1990, ch. 309, § 14;L. 1991, ch. 260, § 4; L. 1991, ch. 89, § 5;L. 1994, ch. 291, § 46;L. 1999, ch. 164, § 14; July 1.