                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                         CHAPTER 227--SENTENCES
 
                    SUBCHAPTER A--GENERAL PROVISIONS
 
Sec. 3552. Presentence reports

    (a) Presentence Investigation and Report by Probation Officer.--A 
United States probation officer shall make a presentence investigation 
of a defendant that is required pursuant to the provisions of Rule 32(c) 
of the Federal Rules of Criminal Procedure, and shall, before the 
imposition of sentence, report the results of the investigation to the 
court.
    (b) Presentence Study and Report by Bureau of Prisons.--If the 
court, before or after its receipt of a report specified in subsection 
(a) or (c), desires more information than is otherwise available to it 
as a basis for determining the sentence to be imposed on a defendant 
found guilty of a misdemeanor or felony, it may order a study of the 
defendant. The study shall be conducted in the local community by 
qualified consultants unless the sentencing judge finds that there is a 
compelling reason for the study to be done by the Bureau of Prisons or 
there are no adequate professional resources available in the local 
community to perform the study. The period of the study shall be no more 
than sixty days. The order shall specify the additional information that 
the court needs before determining the sentence to be imposed. Such an 
order shall be treated for administrative purposes as a provisional 
sentence of imprisonment for the maximum term authorized by section 
3581(b) for the offense committed. The study shall inquire into such 
matters as are specified by the court and any other matters that the 
Bureau of Prisons or the professional consultants believe are pertinent 
to the factors set forth in section 3553(a). The period of the study 
may, in the discretion of the court, be extended for an additional 
period of not more than sixty days. By the expiration of the period of 
the study, or by the expiration of any extension granted by the court, 
the United States marshal shall, if the defendant is in custody, return 
the defendant to the court for final sentencing. The Bureau of Prisons 
or the professional consultants shall provide the court with a written 
report of the pertinent results of the study and make to the court 
whatever recommendations the Bureau or the consultants believe will be 
helpful to a proper resolution of the case. The report shall include 
recommendations of the Bureau or the consultants concerning the 
guidelines and policy statements, promulgated by the Sentencing 
Commission pursuant to 28 U.S.C. 994(a), that they believe are 
applicable to the defendant's case. After receiving the report and the 
recommendations, the court shall proceed finally to sentence the 
defendant in accordance with the sentencing alternatives and procedures 
available under this chapter.
    (c) Presentence Examination and Report by Psychiatric or 
Psychological Examiners.--If the court, before or after its receipt of a 
report specified in subsection (a) or (b) desires more information than 
is otherwise available to it as a basis for determining the mental 
condition of the defendant, the court may order the same psychiatric or 
psychological examination and report thereon as may be ordered under 
section 4244(b) of this title.
    (d) Disclosure of Presentence Reports.--The court shall assure that 
a report filed pursuant to this section is disclosed to the defendant, 
the counsel for the defendant, and the attorney for the Government at 
least ten days prior to the date set for sentencing, unless this minimum 
period is waived by the defendant. The court shall provide a copy of the 
presentence report to the attorney for the Government to use in 
collecting an assessment, criminal fine, forfeiture or restitution 
imposed.

(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 
1988; amended Pub. L. 99-646, Sec. 7(a), Nov. 10, 1986, 100 Stat. 3593; 
Pub. L. 101-647, title XXXVI, Sec. 3625, Nov. 29, 1990, 104 Stat. 4965.)


                               Amendments

    1990--Subsec. (d). Pub. L. 101-647 inserted at end ``The court shall 
provide a copy of the presentence report to the attorney for the 
Government to use in collecting an assessment, criminal fine, forfeiture 
or restitution imposed.''
    1986--Subsec. (b). Pub. L. 99-646, Sec. 7(a)(1), (2), substituted 
``study shall be'' for ``study shall take'' and inserted ``, if the 
defendant is in custody,'' after ``United States marshal shall''.
    Subsec. (c). Pub. L. 99-646, Sec. 7(a)(3), substituted ``the court 
may order the same psychiatric or psychological examination and report 
thereon as may be ordered under section 4244(b) of this title'' for ``it 
may order that the defendant undergo a psychiatric or psychological 
examination and that the court be provided with a written report of the 
results of the examination pursuant to the provisions of section 4247''.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-647 effective 180 days after Nov. 29, 1990, 
see section 3631 of Pub. L. 101-647, set out as an Effective Date note 
under section 3001 of Title 28, Judiciary and Judicial Procedure.


                    Effective Date of 1986 Amendment

    Section 7(b) of Pub. L. 99-646 provided that: ``The amendments made 
by this section [amending this section] shall take effect on the date of 
the taking effect of section 3552 of title 18, United States Code [Nov. 
1, 1987].''


                             Effective Date

    Section effective Nov. 1, 1987, and applicable only to offenses 
committed after the taking effect of this section, see section 235(a)(1) 
of Pub. L. 98-473, set out as a note under section 3551 of this title.


        Use of Certain Technology To Facilitate Criminal Conduct

    Pub. L. 104-294, title V, Sec. 501, Oct. 11, 1996, 110 Stat. 3497, 
provided that:
    ``(a) Information.--The Administrative Office of the United States 
courts shall establish policies and procedures for the inclusion in all 
presentence reports of information that specifically identifies and 
describes any use of encryption or scrambling technology that would be 
relevant to an enhancement under section 3C1.1 (dealing with Obstructing 
or Impeding the Administration of Justice) of the Sentencing Guidelines 
or to offense conduct under the Sentencing Guidelines.
    ``(b) Compiling and Report.--The United States Sentencing Commission 
shall--
        ``(1) compile and analyze any information contained in 
    documentation described in subsection (a) relating to the use of 
    encryption or scrambling technology to facilitate or conceal 
    criminal conduct; and
        ``(2) based on the information compiled and analyzed under 
    paragraph (1), annually report to the Congress on the nature and 
    extent of the use of encryption or scrambling technology to 
    facilitate or conceal criminal conduct.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3672, 4106A of this title.
