Question
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
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? |
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