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you will be acting in the role of a probation officer who is responsible for creating a pre-sentence investigation report for an offender who has

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you will be acting in the role of a probation officer who is responsible for creating a pre-sentence investigation report for an offender who has been found guilty or plead no contest for a crime. The pre-sentence investigation is a tool used by the courts to help determine sentencing. You may choose any real-life offender from the present or the past to use in this project. In the Presentence Investigation, you will include the demographics of the offender, a description of the crime, reason or motive for committing the crime, prior criminal record (including juvenile record if available), victim impact statements, the educational history of the offender, the military history of the offender, any treatment history of the offender, the personal and family history of the offender, health of the offender (including any substance abuse or mental health issues), financial status of the offender, living arrangements of the offender and a recommendation of sentencing to the court.Attached you will find the Florida State Statutes on what should be included in a Pre-Sentence Investigation Report, two samples of a Pre-Sentence Investigation Reports (DS pages 9-17 and LM pages 1-7), a Sample Score sheet (two pages) and a Sample Template to help you record information to include with your report.Please remember that you will need have Page for the research you did on your offender and will need to include in-text citations in your narrative in the Pre-Sentence Investigation where appropriate.

guidelines

Florida Statute 921.231?Presentence investigation reports.?

(1)?Any circuit court of the state, when the defendant in a criminal case has been found guilty or has entered a plea of nolo contendere or guilty, may refer the case to the Department of Corrections for investigation and recommendation. Upon request of the court, it shall be the duty of the department to make either or both of the following reports in writing to the circuit court at a specified time prior to sentencing, depending upon the circumstances of the offender and the offense. The full report shall include:

(a)?A complete description of the situation surrounding the criminal activity with which the offender has been charged, including a synopsis of the trial transcript, if one has been made; nature of the plea agreement including the number of counts waived, the pleas agreed upon, the sentence agreed upon, and additional terms of agreement; and, at the offender's discretion, his or her version and explanation of the act.

(b)?The offender's sentencing status, including whether the offender is a first offender, habitual offender, or youthful offender or is currently on probation.

(c)?The offender's prior record of arrests and convictions.

(d)?The offender's educational background.

(e)?The offender's employment background, including any military record, his or her present employment status, and his or her occupational capabilities.

(f)?The offender's financial status, including total monthly income and estimated total debts.

(g)?The social history of the offender, including his or her family relationships, marital status, interests, and related activities.

(h)?The residence history of the offender.

(i)?The offender's medical history and, as appropriate, a psychological or psychiatric evaluation.

(j)?Information about the environments to which the offender might return or to which the offender could be sent should a sentence of nonincarceration or community supervision be imposed by the court and consideration of the offender's plan concerning employment supervision and treatment.

(k)?Information about any resources available to assist the offender, such as:

1.?Treatment centers.

2.?Residential facilities.

3.?Vocational training programs.

4.?Special education programs.

5.?Services that may preclude or supplement commitment to the department.

(l)?The views of the person preparing the report as to the offender's motivations and ambitions and an assessment of the offender's explanations for his or her criminal activity.

(m)?An explanation of the offender's criminal record, if any, including his or her version and explanation of any previous offenses.

(n)?A statement regarding the extent of the victim's loss or injury.

(o)?A recommendation as to disposition by the court. It shall be the duty of the department to make a written determination as to the reasons for its recommendation. The department shall include an evaluation of the following factors:

1.?The appropriateness or inappropriateness of community facilities, programs, or services for treatment or supervision.

2.?The ability or inability of the department to provide an adequate level of supervision for the offender in the community and a statement of what constitutes an adequate level of supervision.

3.?The existence of other treatment modalities which the offender could use but which do not exist at present in the community.

If requested by the court, the department shall also provide to the court a summary report designed to expeditiously give the court information critical to its approval of any plea. The summary report shall include the information required by paragraphs (a), (b), (c), (j), (m), (n), and (o).

(2)?In those instances in which a presentence investigation report has been previously compiled, the department may elect to complete a short-form report updating the above information.

(3)?All information in the presentence investigation report should be factually presented and verified if reasonably possible by the preparer of the report. On examination at the sentencing hearing, the preparer of the report, if challenged on the issue of verification, shall bear the burden of explaining why it was not possible to verify the challenged information.

(4)?The nonconfidential portion of the presentence investigation shall constitute the basic classification and evaluation document of the Department of Corrections and shall contain a recommendation to the court on the treatment program most appropriate to the diagnosed needs of the offender, based upon the offender's custody classification, rehabilitative requirements, and the utilization of treatment resources in proximity to the offender's home environment.

History.?s. 8, ch. 74-112; s. 12, ch. 75-49; s. 2, ch. 75-301; s. 18, ch. 77-120; s. 30, ch. 79-3; s. 1, ch. 90-69; s. 1548, ch. 97-102.

report sample

United States District Court

WORKSHEET FOR PRESENTENCE REPORT

PERSONAL INFORMATION

CourtName:

TrueName: Aliases or NickNames:

Place of Birth: Date of Birth: Age: Social Security#:

PHYSICAL DESCRIPTION

Race: Sex: Height: Weight: HairColor EyeColor: Scars: Tattoos:

Are any Tattoos Gang Related?

CITIZENSHIP

Country of Citizenship: ImmigrationStatus: Alien Registration #:

RESIDENTIAL INFORMATION

LegalAddress: (NumberandStreet) Apt.#

(City) (State) (Zip)

CurrentAddress: (NumberandStreet) Apt.#

(City) (State) (Zip)

MailingAddress: (NumberandStreet) Apt.#

(City) (State) (Zip)

HomePhoneNumber: Cellular PhoneNumber:

RELEASE STATUS

InCustody: Where: SinceWhatDate: Bond: Type:

PretrialSupervision: Pretrial Officer Name and#

Attorney Name andTelephoneNumber: Attorney assigned orretained:

ACCEPTANCE OF RESPONSIBILITY

Version of the offense. This statement may be handwritten or typed. You should include, but are not limited to, the following information about the crime of conviction:

Why you became involved? Your exact actions/conduct?

What you planned to and actually received from the crime? Your relationship to co-conspirators/co-defendants (if any)?

CRIMINAL HISTORY(Juvenile and Adult)

None

Date of Arrest, Prosecution, Referral, or Detention

Charge/ Conviction

Court City/County/State Action No.

Date Sentenced or Case Disposed

Sentence

Represented by or Waived Counsel

(Y) or (N)

PENDING CHARGES AND SUPERVISION STATUS

No pending charges.

Charge(s)

Court

Accusation/Indictment #

Next Appearance Date

Not currently under supervision.

(diversion, probation, supervised release, or parole supervision)

Currently under criminal justice sentence. What type of supervision:

Diversion Probation SupervisedRelease

Parole EscapeStatus InCustodyJurisdiction(s): Supervising Officer's Name andTelephone

Number:

OFFENDER CHARACTERISTICS

DEFENDANT

Life/Residential History: Please trace your life from birth to the present - where you have lived, how long, and with whom. Please be specific, include parents, step-parents, or any other important information.

PARENTS AND SIBLINGS

(List your biological parents. If reared by persons other than your natural parents, add the surrogate parents' names immediately below the space allocated to Father and Mother. After the parents, list all siblings, both living and deceased.)

Name

Relationship and Age

Present Address and Telephone Number

Occupation

Father

Current Name: Maiden Name:

Mother

Crisis Situations:Include any problems in the family with drugs or alcohol. Deaths in the family which impacted you: divorce of parents; physical abuse or sexual abuse; serious injury or illness; domestic violence or gambling:

MARITAL STATUS

Presently single with no marital history.

Spouse or Domestic Partner

Date and Place of Marriage

Status

Date of Separation

Date of Divorce

Court Where Divorce was Granted

Number of Children

(Current)

Employment status of current spouse:

CHILDREN

No children.

Child's Name

Name of Other Parent of this Child

Age

Custody

/ Support

Child's Address and Telephone Number (If different from defendant)

**Note health problems, criminal history, substance abuse, or any other significant information:

**Is your family aware of your conviction?

PHYSICAL CONDITION/HEALTH

How would you rate your present physical health: excellent good fair poor

List the date(s) and nature(s) of any serious or chronic illnesses and medical conditions.

List all current prescriptions.

Provide the name, address, and telephone number of your physician(s).

MENTAL AND EMOTIONAL HEALTH

How would you rate your present mental health: excellent good fair poor

Describe any past or present mental or emotional problems. Include the diagnosis of any problems (if known).

Any attempts to commit suicide:

Psychiatric treatment and/or hospitalizations:

SUBSTANCE ABUSE

GNo history of alcohol or drug abuse and/or no history of treatment for substance abuse.

Which of the following substances have you experimented with and/or abused?

GAlcohol GHeroin/Opiates

GMarijuana GBarbiturates

GCocaine GHallucinogens

GCrack GInhalants

GAmphetamine/ GOther: Methamphetamine

When was alcohol or any controlled substance last used?

Which substance doyouprefer? Which substance has caused you themost

problems?

Any positive urine test results:

Describe, in detail, your history of substance abuse and treatment.

(Overdose, daily cost to support habit, effect on family and personal life, frequency and quantity of use, treatment programs and dates)

Describe your use of alcohol:

When was the first time you drank alcohol?

How often do you drink?

Drink of choice?

Did your alcohol use ever impact your life in a negative manner (employment, marital, family, legal etc.)?

Have you everreceivedtreatment? If yes, when and where was the treatmentfacility.

EDUCATION AND VOCATIONAL SKILLS

Highest grade

completed:

SCHOLASTIC HISTORY

Name and Location of School (List most recent school first)

Dates Attended

Degree, Diploma, or Certificate Received

Do you have any specialized training or skill(s)?

Yes No If yes, what training orskill(s)?

Do you have any professional license(s)?

Yes No If yes, whatlicense(s)?

GNone MILITARYSERVICE

Branch of Service:

Service Number:

Entered:

Discharged:

Type of Discharge:

Highest Rank:

Rank at Separation:

Decorations and Awards:

VA Claim Number:

Summarize your military service. Describe any courts martial or non-judicial punishments. Describe any foreign or combat service. Describe any special training or skills acquired in the service. Describe previous VA claims.

EMPLOYMENT HISTORY

UsualOccupation:

Employment Status:

At the time of the offense, you were (select the appropriate number from the categories below)

At present, you are (select the appropriate number from the categoriesbelow)

1.Employedfull-time 2. Employedpart-time

3. Unemployed temporarily, lookingforwork 4. Unemployed seasonalworker

5. Unemployed duetodisability 6. Unemployed, history of extensiveunemployment

7. Incarceratedorconfined 8.Student

9.Homemaker 10.Retired

11.Other

(Specify):

FINANCIAL CONDITION/ABILITY TO PAY

Refer to Personal Financial and Monthly Cash Flow Statements (Forms 48 & 48B) You have few assets and liabilities.

EMPLOYMENT HISTORY

(Describe your employment history for the last fifteen years)

Dates

Name and Address of Employer

Job, Monthly Wage, Reason for Leaving

From:

Phone No.:

To Present

From:

To:

From:

To:

EMPLOYMENT HISTORY(Continued)

From:

To:

From:

To:

From:

To:

From:

To:

From:

To:

Summarize any employment history over 15 years old:

Is your current employer aware of your instant offense?

image text in transcribedimage text in transcribed RULE 3.990(a) SENTENCING GUIDELINES SCORESHEET 1. DATE OF SENTENCE 2. PREPARED BY DC |SAO |3. COUNTY 4. SENTENCING JUDGE MO DY 5. NAME (LAST,FIRST,M.I.) 6. DOB 7. DC# 9. RACE 10. GENDER MODY YR B WW DOTH UM OF 8. OBTS# IIIIIIII HISP. YES NO OPLEA TRIAL Check here if this sentencing is for only a revocation of probation or community control. I. PRIMARY OFFENSE: If Qualifier, please check. A_ _S _ _C (A = Attempt,S = Solicitation,C =Conspiracy) POINTS DOCKET# FELONY F.S.# OFFENSE OFF. DATE DEGREE LEVEL MO DY YR Description: (Level = Pts: 1 =4, 2=10, 3= 16, 4=22, 5=28, 6=36, 7=42, 8 = 74, 9=91, 10=116) I. II. ADDITIONAL OFFENSE(S): Supplemental page attached DOCKET# FEL/MM F.S.# OFFENSE QUALIFY CNTS POINTS LEVEL ASC 0OO X. Description: OOO X_ Description: 0OO X_ Description:_ (Level = Pts: M =0.2, 1 =0.7, 2 = 1.2, 3 =2.4, 4= 3.6, 5=5.4, 6=7.2, 7=8.4, 8=9.6, 9= 10.8, 10= 12.0) Supplemental page points II. III. VICTIM INJURY: Number Total Number Total 2ND Degree Murder 120 X Slight 4 X Death 60 X Sex Penetration 40 X I1 1 Severe 40 X Sex Contact 18 X Moderate 18 X III. IV. PRIOR RECORD: Supplemental page attached FEL/MM F.S. # OFFENSE QUALIFY: DESCRIPTION NUM POINT(S) DEGREE LEVEL ASC 000 000 000 000 000 (Level = Pts: M =0.2, 1 =0.5, 2 =0.8, 3 = 1.6, 4=2.4, 5=3.6, 6=4.8, 7=5.6, 8=6.4, 9 =7.2, 10=8.0) Supplemental page points IV. DISTRIBUTION: Effective Date: January 1, 1994 White (Original) / Clerk Pink / Defense Attorney Page Subtotal Green / DC Data Goldenrod / DC Offender File Canary / State AttorneyPage 1 Subtotal V. Legal Status Violation =4 Points V. __ VI. Release Program Violation - 6 Points X Number of Violations (Max 18Pts) = VI. VII. Firearm or Destructive Device = 18 Points VII. _ VIII. SemiAutomatic Weapon or Machine Gun =25 Points VIII. a Subtotal Sentence Points. _ IX. Enhancements (only one multiplier may be used) Law Enforcement Protection Drug Trafcking D 1.5 Multiplier [3 2.0 Multiplier I] 1.5 Multiplier Enhanced Subtotal Sentence Points IX. TOTAL SENTENCE POINTS SENTENCE COMPUTATION 0 If total sentence points are less than, or equal to 40, the sentencing court may not impose a state prison sentence. The sentencing court may increase total sentence points that are less than or equal to 40 by up to 15 percent and may impose a state prison sentence if the increased total exceeds 40 points. x 1.15 = Total Sentence Points Increased Sentence Points - If total sentence points are greater than 40 and less than or equal to 52 the decision to incarcerate in a state prison is left to the discretion of the court. If total sentence points are greater than 52 the sentence must he a state prison sentence. I A state prison sentence is calculated by deducting 28 from total or increased sentence points. h minus 28 = Total Or Increased Sentence Pts. State Prison Months ' The sentencing court may increase or decrease state prison months by up to 25 percent except where the total sentence points were less than or equal to 40 but have been increased by up to 15 percent to exceed 40 points. Any state prison sentence must exceed 12 months. x .75 / Minimum State Prison Months State Prison Months \\ x 125 Maximum State Prison Months TOTAL SENTENCE IMPOSED Years Months Days State Prison County Jail Community Control Probation 0 Please designate the particular type of sentence where an enhanced or mandatory sentence imposed. El Habitual Felony Offender El Guidelines Aggravated Departure El Habitual Violent Felony Offender l:l Guidelines Mitigated Departure Mandatory pursuant to: D 8.775.087 El $393.13 [3 5.893.135

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