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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 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.

   Itcontains 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 thecommunity, educational background and other pertinent data.
• medical history, substance abuse history, and psychological orpsychiatric history.
• harms uffered by any victim.
• victim’s impact statement.
• defendant’sstatement.
• 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.
• The judge uses the PSI to aid in determining the sentence.
• If sentenced to prison, the Department of Corrections uses the PSI to determine programming and placement.
•  For example,
   
• inmates without a high school education will be assigned to GEDclasses.
• inmates with any suggestion of a criminal sexual conduct charge (not necessarily a conviction) will be denied the opportunity to goto a Corrections Center.
• inmates with substance abuse histories may be required to participate in related programming. 
• The date of your parole can be affected by:
  • your age at the time of your first arrest.
  • the presence or absence of substance abuse problem.
  • whether you committed a felony as a juvenile.
  • then ature of your present offense.
  • disciplinary and good time credits (if available).
  • your criminal history, including:

     

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

WHAT SHOULD YOU DO?

• The court must permit you to review the PSI at a reasonable time before theday of sentencing. Insist that you see a copy of the Pre-sentence investigation prior to the day of your sentencing.
• Read it very carefully. Note any errors.
• Notify your 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 court must rule on any challenges. If the court finds the challenge has merit or determines that it will not take the challenged information into account in sentencing, it must direct the probation officer to:
   
  • correct or delete the information
  • provide your lawyer with an opportunity to review the corrected reportbefore it is sent to the Department of Corrections.
• If the court does not rule in your favor in making changes to the PSI,ask your lawyer to state (in court) that you would like to appeal that decision. If your attorney does not make such a statement,you should do so. The court record of intent makes appeal faster and easier.
• If youhave not had time to review the PSI, tell the judge at the time ofsentencing. Ask for time to review it. Remember, inaccurate information could cost you years.
• If you did not plea bargain to a less charge, be certain that the PSI doesnot indicate that you did.

CAUTION!!!

• Do not underestimate the potential impact of negative information on thePSI.
• Inaccurate information could cost you years of your life…
• Inaccurate information could also result in improper placement and programming within the Department of Corrections.
• If the PSI errors 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.

REMEMBER…

• Though probation agents are required to verify material information before including it in the PSI, inaccurate statements are sometimes included in the document.
• Even if you have an acceptable plea bargain, the Department of Correctionsuses information of the PSI. It is important that it be accurate.
• Be certain that all members of your immediate family, including anyone who raised you as a child, are listed in the PSI. You will not beallowed a sick-bed or funeral visit for anyone not listed in your PSI.
• The defendant is responsible for challenging the accuracy of the PSI.
• If you know of someone who is being sentenced, and who cannot read, be certain that someone reads the Pre-Sentence Investigation Report to the defendant. Be certain that s/he knows how important the document is.

Good Luck.  H Michael.

Denver Colorado Criminal Defense Lawyer
Subject Matter:Colorado Sentencing Law: The Presentence Report

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