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January 31, 2019

1989 Guideline 11.8.4

GUIDELINE 11.8.4 – THE OFFICIAL PRESENTENCE REPORT

A. If an official presentence report or similar document may or will be presented to the court at any time, counsel should consider:

1. The strategic implications of requesting that an optional report be prepared;

2. The value of providing to the report preparer information favorable to the client.

B. Counsel should review any completed report and take appropriate steps to ensure that improper, incorrect or misleading information that may harm the client is deleted from the report.

C. Counsel should take steps to preserve and protect the client's interest regarding material that has been challenged by the defense as improper, inaccurate or misleading.

D. Counsel should consider whether the client should speak with the person preparing the report and, if so, whether counsel should be present.