Rule 3:21-2. Presentence Procedure

Rule 3:21-2. Presentence Procedure

(a) Investigation. Before the imposition of a sentence or the granting of probation
court support staff shall make a presentence investigation in accordance with N.J.S.A.
2C:44-6 and report to the court. The report shall contain all presentence material having
any bearing whatever on the sentence and shall be furnished to the defendant and the
prosecutor.

(b) Examination. After the presentence investigation and before imposing sentence,
the court may order, pursuant to N.J.S.A. 2C:44-6(c), a physical or mental examination of
the defendant provided that the defendant may not be committed to an institution for the
purpose of that examination. The examination report shall be furnished to the defendant
and the prosecuting attorney.

(c) Transmittal of Reports. If a custodial sentence is imposed, court staff shall,
within fifteen days thereafter, transmit a copy of the presentence report and the
examination report, if any, to the person in charge of the institution to which the defendant
has been committed.

Note: Source -- R.R. 3:7-10(b). Amended July 7, 1971 to be effective September 13, 1971; amended
June 29, 1973 to be effective September 10, 1973; amended August 27, 1974 to be effective September 9, 1974; amended July 29, 1977 to be effective September 6, 1977; amended July 16, 1979 to be effective September 10, 1979; paragraph designations and new paragraph (b) adopted and paragraph (c) amended August 28, 1979, to be effective September 1, 1979; paragraph (a) amended September 28, 1982, to be effective immediately; paragraphs (a) and (c) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a) and (b) amended July 13, 1994 to be effective January 1, 1995; paragraph (a) amended July 28, 2004 to be effective September 1, 2004; paragraph (a) amended July 28, 2004 to be effective September 1, 2004; paragraph (a) amended July 28, 2017 to be effective September 1, 2017.