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Presentence Report — Postsentencing Access: Court Authorization Required

State ex rel. Hill v. Zimmerman, 196 Wis. 2d 419, 538 N.W.2d 608 (Ct. App. 1995)

Issue/Holding:

Section 972.15(2), Stats., provides, “When a presentence investigation report has been received the judge shall disclose the contents of the report to the defendant’s attorney … prior to sentencing.” (Emphasis added.) Thus, before sentencing, a defendant has an absolute right to obtain the presentence report. In such a setting, the defendant need not first obtain the authorization of the circuit court. However, after sentencing, the presentence report “shall be confidential and shall not be made available to any person except upon specific authorization of the court.” Section 972.15(4) (emphasis added).

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