1. Sentencing and the Presentence Investigation Report
Chapter 3
Sentencing and the Presentence Investigation Report

2. Philosophy of Community Corrections
An offender can learn best how to live productively in a community by remaining in free society under supervision, as opposed to being transferred to a warehouse-like setting of a jail or prison

3. Factors That Affect Granting a Community Sentence
Eligibility for community corrections
Conditions of probation fixed by statute
Availability and quality of intermediate sanctions and other community-based services
Factors such as the social stability of the offender, family ties, marital status, employment and drug abuse history

4. Sentencing Guidelines
Goals include:
Reduction or elimination of sentencing disparity
Increased judicial accountability
Increased punishment for violent offenders
A basis for population projections and resource allocation

5. Sentencing Guidelines, cont.
Presumptive sentencing guidelines require judges to use the guidelines and provide written reasons for any deviation
Voluntary sentencing guidelines are suggestions that judges may or may not accept
Punishment Units is a system tried by Oregon that converted sentences into predefined unit numbers

6. Sentencing Commissions
Sentencing commissions exist in about half the states and the federal government and monitor the judicial use of the guidelines
The commissions are responsible for evaluating and revising the guidelines as appropriate

7. Conditions of Community Corrections
Standard Conditions are imposed on all persons with community sentences regardless of the offense
Special Conditions are in addition to standard conditions and are tailored to fit the problems and needs of the offender

8. Conditions of Community Corrections, cont.
Limitations of special conditions
Must be clear and specific
Must be reasonable
Must either protect society or rehabilitate the offender
Must be related to the offense of conviction

9. Conditions of Community Corrections, cont.
Supervision conditions must be constitutional
The government must establish a “compelling state interest”
First Amendment rights of religion, speech, assembly, press, and the right to petition the government for redress of grievances
Searches and seizures
The privilege against self-incrimination

10. The Presentence Investigation Report
The PSI is a document prepared by a probation officer to aid judges in the sentencing decision, and
Used by prosecutors, defense attorneys, parole boards and probation and parole officers
Describes the nature of the offense, offender characteristics criminal history, loss to the victim and sentencing recommendations

11. Contents of the PSI Report
Offender-Based PSI Reports: 1920s s, were:
focused on rehabilitation
utilized an indeterminate sentencing structure
Offense-Based PSI Reports: 1980s-Present:
focus on the crime committed
utilize a determinate sentence structure

12. Contents of the PSI Report
A Victim Impact Statement is required in all federal and most state PSIs
Includes physical injuries and emotional and psychological toll on victim and victim’s family
Federal PSIs must include the defendant’s ability to pay fines and restitution

13. Preparing the PSI Report
The PSI is ideally prepared after adjudication of guilt but before sentencing
The PSI process consists of:
The initial interview
Investigation and verification
The evaluative summary
The sentence recommendation

14. Legal Issues Concerning the PSI Report
Disclosure
Inaccuracies
Hearsay
The Exclusionary Rule
The Miranda Warning
The right to a lawyer