WHAT IS THE PRE-SENTENCE INVESTIGATION REPORT?

• A report prepared by a probation agent describing the background and character of the person being sentenced.
• It is written prior to the sentencing hearing.
• Information may be gathered from the defendant, his or her family members, the victim(s), and any other individuals important in the Defendant's background.

It contains information such as:

• prior criminal convictions and juvenile adjudications.
• description of the offense.
• the defendant's vocational background and work history.
• defendant's martial status, financial status, length of residence in the community, educational background and other pertinent data.
• medical history, substance abuse history, and psychological or psychiatric history.
• harm suffered by any victim.
• victim's impact statement.
• defendant's statement.
• applicable sentencing guidelines.
• evaluation of the defendant's probable adjustment in the community based upon factual information in the report.
• sentencing recommendations including any consecutive sentencing requirements.

WHY IS THE PRE-SENTENCE INVESTIGATION REPORT IMPORTANT?

• A reportprepared by a probation agent describing the background andcharacter of the person being sentenced.
• It iswritten prior to the sentencing hearing.
• Informationmay be gathered from the defendant, his or her family members, thevictim(s), and any other individuals important in the Defendant'sbackground.

   Itcontains information such as: 

  • priorcriminal convictions and juvenile adjudications.
  • descriptionof the offense.
  • thedefendant's vocational background and work history.
  • defendant'smartial status, financial status, length of residence in thecommunity, educational background and other pertinent data.
  • medicalhistory, substance abuse history, and psychological orpsychiatric history.
  • harmsuffered by any victim.
  • victim'simpact statement.
  • defendant'sstatement.
  • applicablesentencing guidelines.
  • evaluationof the defendant's probable adjustment in the community basedupon factual information in the report.
  • sentencingrecommendations including any consecutive sentencingrequirements.

WHY IS THE PRE-SENTENCE INVESTIGATION REPORT IMPORTANT?

• The judgeuses the PSI to aid in determining the sentence.
• Ifsentenced to prison, the Department of Corrections uses the PSI todetermine programming and placement. For example,

   

  • inmateswithout a high school education will be assigned to GEDclasses.
  • inmateswith any suggestion of a criminal sexual conduct charge (notnecessarily a conviction) will be denied the opportunity to goto a Corrections Center.
  • inmateswith substance abuse histories may be required to participatein related programming.

   

• The dateof your parole can be affected by:

   

  • yourage at the time of your first arrest.
  • thepresence or absence of substance abuse problem.
  • whetheryou committed a felony as a juvenile.
  • thenature of your present offense.
  • disciplinaryand good time credits (if available).
  • yourcriminal history, including:

     

    • assaultivemisdemeanors.
    • jailsentences received.
    • felonyconvictions (assaultive and non-assaultive).
    • priorprison terms.
    • priorprobation and parole sentences and probation and parolefailures.

• The courtmust permit you to review the PSI at a reasonable time before theday of sentencing. Insist that you see a copy of the Pre-sentenceinvestigation prior to the day of your sentencing.
• Read itvery carefully. Note any errors.
• Notifyyour attorney of all errors, and request that s/he notify thecourt of those errors. If your attorney fails to do so, you speakup at the time of sentencing.
• The courtmust rule on any challenges. If the court finds the challenge hasmerit or determines that it will not take the challengedinformation into account in sentencing, it must direct theprobation officer to:

   

  • corrector delete the information
  • provideyour lawyer with an opportunity to review the corrected reportbefore it is sent to the Department of Corrections.
• If thecourt does not rule in your favor in making changes to the PSI,ask your lawyer to state (in court) that you would like to appealthat decision. If your attorney does not make such a statement,you should do so. The court record of intent makes appeal fasterand easier.
• If youhave not had time to review the PSI, tell the judge at the time ofsentencing. Ask for time to review it. Remember, inaccurateinformation could cost you years.
• If you didnot plea bargain to a less charge, be certain that the PSI doesnot indicate that you did.

• Do notunderestimate the potential impact of negative information on thePSI.
• Inaccurateinformation could cost you years of your life...
• Inaccurateinformation could also result in improper placement andprogramming within the Department of Corrections.
• If the PSIerrors are not found until after sentencing, the only way tocorrect it is to file for resentencing. That is a lengthyprocedure with no guarantees of success.

• Thoughprobation agents are required to verify material informationbefore including it in the PSI, inaccurate statements aresometimes included in the document.
• Even ifyou have an acceptable plea bargain, the Department of Correctionsuses information of the PSI. It is important that it be accurate.
• Be certainthat all members of your immediate family, including anyone whoraised you as a child, are listed in the PSI. You will not beallowed a sick-bed or funeral visit for anyone not listed in yourPSI.
• Thedefendant is responsible for challenging the accuracy of the PSI.
• If youknow of someone who is being sentenced, and who cannot read, becertain that someone reads the Pre-Sentence Investigation Reportto the defendant. Be certain that s/he knows how important thedocument is.

Good Luck.  H Michael.