§ 204a. Sex offenders; presentence investigations; risk assessments; psychosexual evaluations

(a) The Department of Corrections shall conduct a presentence investigation for all persons convicted of:

(1) lewd and lascivious conduct in violation of 13 V.S.A. § 2601;

(2) lewd and lascivious conduct with a child in violation of 13 V.S.A. § 2602;

(3) sexual assault in violation of 13 V.S.A. § 3252;

(4) aggravated sexual assault in violation of 13 V.S.A. § 3253;

(5) aggravated sexual assault of a child in violation of 13 V.S.A. § 3253a;

(6) kidnapping with intent to commit sexual assault in violation of 13 V.S.A. § 2405(a)(1)(D); or

(7) an offense involving sexual exploitation of children in violation of 13 V.S.A. chapter 64.

(b) A presentence investigation required by this section:

(1) Shall include an assessment of the offender's risk of reoffense and a determination of whether the person is a high-risk offender.

(2) Shall include a psychosexual evaluation if so ordered by the court.

(3) Shall include information regarding the offender's records maintained by the Department for Children and Families in the Child Protection Registry pursuant to 33 V.S.A. § 4916 if the offender was previously substantiated for child abuse or neglect.

(4) Shall include information, if any, regarding any deferred sentences received by the offender for a registrable sex offense in accordance with 13 V.S.A. § 7041(h).

(5) Shall be completed before the defendant is sentenced. Upon completion, the Department shall submit copies of the presentence investigation to the court, the State's Attorney, the defendant's attorney, and the Department for Children and Families. Copies of a presentence investigation authorized by this subdivision shall remain privileged and are not subject to public inspection.

(c)(1) The Department of Corrections shall prepare a recommendation for programming and treatment for all persons for whom a presentence investigation is required under subsection (a) of this section. The Department shall consider the information contained in the presentence investigation when recommending the programming and treatment appropriate for the offender.

(2) The recommendation required by this subdivision shall address the issue of the availability of appropriate treatment programs within correctional facilities and on an outpatient basis in the community, including recommendation as to the defendant's eligibility for such treatment programs, and shall include a statement of the relevant policies of the Department of Corrections regarding parole recommendations for the offense of which the offender was convicted.

(3)(A) The court may order the Department to provide a report including:

(i) the minimum and maximum sentences necessary to permit admission of the offender to any of the available treatment programs; and

(ii) the results of a preassessment of the offender.

(B) A preassessment under this subdivision shall consist of:

(i) an interview with the defendant;

(ii) an assessment of the offender's risk level;

(iii) completion of testing and any other steps necessary to make an appropriate programming decision for the defendant;

(iv) identification of the treatment program within a correctional facility to which the offender will be referred based on the information available at the time of sentencing, provided the defendant agrees to treatment and is sentenced to a term which permits participation in the program.

(C)(i) Except as provided in subdivision (ii) of this subdivision (C), the Department shall provide a report to the court under this subdivision within 60 days after it is ordered.

(ii) If the Department requires a psychosexual evaluation in order to determine whether the offender will be admitted into any of the available treatment programs, the Department shall complete the evaluation and provide it to the court along with its report within 90 days after the report is ordered.

(d) The requirement that a presentence investigation be performed pursuant to subsection (a) of this section shall not be interpreted to prohibit the performance of a presentence investigation, psychosexual evaluation, or risk assessment at any other time during the proceeding, including prior to the entry of a plea agreement or prior to sentencing for a violation of probation.

(e) Nothing in this section shall be construed to infringe in any manner upon the Department's authority to make decisions about programming for defendants or to create a right on the part of the offender to receive treatment in a particular program. (Added 2005, No. 192 (Adj. Sess.), § 12, eff. May 26, 2006; 2009, No. 1, § 36.)