RULE 3.711. PRESENTENCE REPORT: WHEN PREPARED

(a) Except as provided in subdivision (b), the sentencing
court shall not authorize the commencement of the presentence
investigation until there has been a finding of guilt.

(b) The sentencing court may authorize the commencement
of the presentence investigation prior to finding of guilt if:

(1) the defendant has consented to such action; and

(2) nothing disclosed by the presentence investigation
comes to the attention of the prosecution, the court, or the jury
prior to an adjudication of guilt. Upon motion of the defense and
prosecution, the court may examine the presentence investigation
prior to the entry of a plea.

Committee Notes

1972 Adoption. The rule permits presentence investigations
to be initiated prior to finding of guilt. Its purpose is to reduce
unwarranted jail time by a defendant who expects to plead guilty
and who may well merit probation or commitment to facilities other
than prison.