Allocution Hearing
After the defendant's guilt has been determined, or he has pled guilty, a Presentence Investigation (PSI) is ordered by the court. R. 3:21-2(a) has been interpreted as requiring that a presentence report be prepared in all indictable cases except death penalty cases. See State v. Buglione, 233 N.J. Super. 110, 113 (App. Div.), certif. den., 117 N.J. 636 (1989). See also Pressler, Rules Governing the Courts, Comment 3 to R. 3:21-2. However, where a functional equivalent of a full PSI is present in the file, the court may, on 3rd and 4th degree victimless offenses, sentence the defendant at the time of the plea when the sentencing can be expedited without jeopardizing fairness. This is known as simultaneous sentencing. Under the normal process, after the presentence report is prepared, a sentencing hearing is held. This is known as the allocution hearing, which is the court's inquiry of the defendant as to whether he or she has any legal cause to show why the sentence should not be pronounced against him or her and whether he or she would like to make a statement and present any information in mitigation of sentence. At this hearing the prosecution and defense make sentence recommendations to the court. The defendant also is allowed to make a personal plea to the court regarding the sentence. The judge then imposes the sentence and states his or her reasons for the sentence on the record.
