The presentence report is not a public record and shall be available only to:
Terms Used In Oregon Statutes 137.077
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See N.Y. Penal Law 235.05 - Obscenity in the Third Degree
(1) The sentencing court for the purpose of assisting the court in determining the proper sentence to impose and to other judges who participate in a sentencing council discussion of the defendant. The sentencing judge may disclose information from the presentence report that is necessary to address the content of the report, examine the reasoning for a sentencing recommendation or to explain the reasons for the sentence imposed. Appellate judges may disclose information from the presentence report that is necessary for legal analysis of the case or to report the reasoning of the appellate court.
(2) The Department of Corrections, State Board of Parole and Post-Prison Supervision and other persons or agencies having a legitimate professional interest in the information likely to be contained therein. These agencies or persons may make the presentence report, or any reports based on the contents of that report, available to the victim.
(3) Appellate or review courts where relevant to an issue on which an appeal is taken or post-conviction relief sought.
(4) The district attorney, the defendant or the counsel of the defendant, as provided in ORS 137.079. The district attorney and counsel of the defendant may retain a copy of the presentence report as a part of the permanent records of the case. The district attorney and counsel of the defendant may disclose the contents of the presentence report to individuals or agencies when preparing for the sentencing of the defendant. ‘Individuals and agencies’ include victims, psychologists, psychiatrists, physicians licensed under ORS 677.100 to 677.228 and any other person or agency who may assist the state or the defendant at the time of sentencing. [1973 c.836 § 260; 1987 c.320 § 28; 1989 c.408 § 1; 2017 c.409 § 6]