Statutory Authority - Rule 32 of the Federal Rules of Criminal Procedure

Aug 24, 2026

Rule 32 of the Federal Rules of Criminal Procedure governs when a probation officer must conduct a presentence investigation and submit a report to the court. The officer must investigate and file a report when restitution is required, and no presentence report is prepared for certain defendants under specified statutes. After a guilty plea or verdict, the court may order an investigation and report. The court may also order community-based studies or psychiatric/psychological examinations to obtain further sentencing and mental-condition information, with disclosure limits unless the defendant consents.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages1

Reading Time3 min

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Rule 32 requirements

Presentence report timing and necessity

Circumstances permitting no report

Court-ordered investigations and disclosure limits

Studies and mental-condition examinations

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Statutory Authority | | --- | | Rule 32 of the Federal Rules of Criminal Procedure provides that the probation officer shall conduct apresentence investigation and submit a report to the Court at least seven days before the imposition of sentence, unless the Court finds that there is sufficient information in the record to enable the meaningful exercise of sentencing authority. The probation officer must conduct an investigation and submit a report if the law requires restitution. There will be no presentence report prepared for defendants sentenced under 18 U.S.C. § 3593(c) or 21 U.S.C. § 848(j) .
Following the defendant’s entry of a guilty plea, or upon a guilty verdict following a trial, the Court may order the probation officer to conduct a presentence investigation and submit a presentence investigation report.
A presentence investigation may be initiated prior to entry of a guilty plea or nolo contendere, or prior to the establishment of guilt, but the report may not be disclosed to the Court, the defendant, the attorney for the defendant, and the attorney for the government, unless the defendant consents in writing to disclosure of the report to the court prior to conviction pursuant to Rule 32.
Before or after receipt of a presentence report, the Court may order a study and report of the defendant if the Court desires more information than is otherwise available to it as a basis for determining the sentence pursuant to 18 U.S.C. § 3552(b) . This statute provides that the study and report are to be conducted in the community by qualified consultants, unless the Court finds there is a compelling reason for the study to be conducted by the Bureau of Prisons or there are no adequate professional resources available in the local community to perform the study. If the Court is specifically interested in additional information regarding the mental condition of the defendant, the Court may order a psychiatric or psychological examination and report under the provisions of 18 U.S.C. § 3552(c) . The Court may order the examination before or after receipt of the presentence report. |

FAQs

When must the probation officer conduct a presentence investigation and submit a report under Rule 32?

The probation officer must conduct a presentence investigation and submit a report to the court at least seven days before sentencing, unless the court finds sufficient information exists in the record. A report is required if the law requires restitution.

In which cases is no presentence report prepared?

No presentence report is prepared for defendants sentenced under 18 U.S.C. § 3593(c) or 21 U.S.C. § 848(j).

Can the presentence investigation report be disclosed before conviction?

A presentence investigation report may not be disclosed to the court, the defendant, the defendant’s attorney, or the government’s attorney unless the defendant consents in writing to disclosure to the court prior to conviction under Rule 32.

Aug 24, 2026

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