Pre-Sentence Investigation Report (PSI)—Examples of What’s In It !

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) June 16, 2009 --

The Pre-Sentence Investigation (PSI) and the subsequent Pre-Sentence Investigation Report (PSR) is without a doubt the most dominant and definitive document used by the Court in determining the length of a defendant’s federal prison sentence. The PSI is the defendant’s "Bible" , his life history as seen through the eyes of the probation officer authoring the report. Besides being instrumental in determining his federal prison sentence, the PSI is vitally important with respect to Bureau of Prisons’ (BOP) federal prison designation, security level, custody level, restitution issues, work assignments, bunk assignments, furlough eligibility, transfers, community custody placement, inmate quality of life enhancements, admission into the 500-Hour Residential Drug Abuse Program and how the inmate is treated in prison by both the guards and inmates. The importance of the PSI cannot be overstated. It follows the defendant throughout his whole period of federal prison incarceration.

The Pre-Sentence Investigation Interview, which determines in a large part, the Pre-Sentence Report, is the single most important interview that most defendants will ever participate in. It should be, if affects the length of his federal prison incarceration! The defendant must be knowledgeable, honest, have a complete control of the facts, and not leave out any required information. On the other hand, the majority of time used by most defense attorneys is interacting with the AUSA on behalf of the client. He is tasked with nailing down the best possible plea agreement for his client or preparing the best defensive strategy to support his client at trial. Defense attorneys normally focus on the plea agreement in respect to the non-mandatory, but highly used, U. S. Sentencing Guidelines. They are concerned with the gross federal prison sentence handed down by the Court. A good Federal Prison Consultant is an expert on BOP policies and programs and is tasked with positioning our clients with the best possible net federal prison sentence . Ideally, the Federal Prison Consultant provides effective client positioning prior to the Pre-Sentencing Interview and Report resulting in significant benefits to the client and a lower net federal prison sentence.

The Pre-sentence Investigation Report must apply the advisory U.S. Sentencing Guidelines.

1) In doing this the pre-sentence report must:

(A) Identify all applicable guidelines and policy statements of the Sentencing Commission;
(B) Calculate the defendant’s offense level and criminal history category;
(C) State the resulting sentencing range and kinds of sentences available;
(D) Identify any factor relevant to:

(i) The appropriate kind of sentence, or

(ii) The appropriate sentence within the applicable sentencing range; and

(E) Identify any basis for departing from the applicable sentencing range, either an upward or downward departure.

2) The pre-sentence report must also contain the following additional information:

(A) The defendant’s history and characteristics, including:

(i) Any prior criminal record;
(ii) The defendant’s financial condition; and
(iii) Any circumstances affecting the defendant’s behavior that may be helpful in imposing sentence or in correctional treatment;

(B) Information that assesses any financial, social, psychological, and medical impact on any victim;
(C) When appropriate, the nature and extent of non-prison programs and resources available to the defendant;
(D) When the law provides for restitution, information sufficient for a restitution order;
(E) If the court orders a study under 18 U.S.C. § 3552(b), any resulting report and recommendation; and
(F) Any other information that the court requires, including information relevant to the factors under 18 U.S.C. § 3553(a).

(3) The pre-sentence report must not contain any of the following information. All the following must be excluded from the report:

(A) Any diagnoses that, if disclosed, might seriously disrupt a rehabilitation program;
(B) Any sources of information obtained upon a promise of confidentiality; and
(C) Any other information that, if disclosed, might result in physical or other harm to the defendant or others.

The Pre-Sentence Investigation Report is presumed to be fair, accurate, unbiased, and provide a true accounting of the defendant. In most cases it is anything but that. Remember, the PSI is written by a Probation Officer who works for the federal government—the same federal government that is trying to convict the defendant! In most cases the PSI is slanted and biased against the defendant. When this happens, it is up to the defendant’s defense attorney to issue a written objection to the Probation Officer authoring the PSI. In many cases the defense attorney does not do this.

Prisoners often complain that they have been negatively impacted by inaccurate information in their PSI. A number of inmates at a federal prison were recently asked how many were affected negatively by errors in their PSI. Eighty (80%) percent responded that they were negatively affected by errors in their PSI. The eighty (80%) percent that responded were then asked how many were told by their attorney that the errors would have no detrimental effect or consequences. Almost one hundred (100%) percent raised their hands. I cannot emphasize too strongly that the defendant must make sure that any errors in the PSI, his “Bible”, are corrected before he enters prison. I would also recommend that to prevent these errors from getting into his PSI, the defendant’s attorney and/or a knowledgeable Federal Prison Consultant is present at the Pre-Sentencing Investigation Interview. The defendant should not go alone.

This alone speaks highly for having a competent, knowledgeable, and skilled Federal Prison Consultant on board. Currently, the Department of Justice has a 97% guilty plea rate in federal criminal cases. Federal prosecutors have over a 75% conviction rate following trial, and 91% of federal criminal defendants receive a prison sentence. It is no longer a question of will a federal defendant go to prison, it is now a question of how long will he/she will be there and where will he/she go. If this doesn’t convince a federal defendant to retain the services of a well-respected Federal Prison Consultant, then he must bear the consequences.

About Michael Frantz:

Michael Frantz is a leading national Federal Prison Consultant with JT Consulting LLC (Jail Time Consulting) in Fort Lauderdale, Florida. The staff of Jail Time Consulting provides consultation services, research, sentence reduction strategies, and client positioning for many BOP programs. JT Consulting offers solutions to the problems that men and women facing federal incarceration are confronted with. These are solutions to real life issues affecting their families, their livelihood, and their future. Michael has authored a widely used book on federal prison titled, “Jail Time, What you need to know…Before you go to federal prison!” He has also authored over thirty-five JT Special Reports© on various federal prison issues affecting both the inmate and his/her family which are available on the website. He writes a daily blog on the Jail Time Consulting website http://jailtimeconsulting.com answering readers’ questions and comments. He is a nationally recognized federal prison authority and has published over 24 articles nationwide. He can be reached at 954-522-2254, 800-804-4686, or at mike@jailtimeconsulting.com

About Jail Time Consulting:

Jail Time Consulting is a national Federal Prison Consulting firm providing clear concise answers to your questions, fears, and concerns. We provide an ongoing reference and support system for your whole family. There is nothing that can completely eliminate all the anxiety and fear about the possibility of doing time in federal prison. Yet the insightful and timely information, support, and positioning we provide will help dispel the anxiety and fears that you are now facing.

Your attorney is charged with the task of preparing your case, negotiating possible plea agreements, and centering on the non-mandatory U.S. Sentencing Guidelines to determine your gross sentence calculation. He is uniquely disciplined and highly qualified in arguing your case before the court, developing defensive strategies, and reviewing your Pre-Sentencing Investigation Report (PSI/PSR). However, many attorneys are not fully knowledgeable in the Bureau of Prisons' policies, procedures, and Program Statements. There are currently over 289 Bureau of Prison’s Program Statements. The staff of JT Consulting is experts in the BOP’s policies, procedures, and program statements. We are experts at positioning our clients for these valuable programs.
We prepare and position our clients for admission to the 500-Hour Residential Drug Abuse Program (RDAP) which offers the inmate up to a 12 month sentence reduction and a 6 month halfway house designation. This has the net effect of reducing the client’s incarceration in a federal prison by up to eighteen months. JT Consulting works closely with the client’s legal defense team to provide the client with the best possible net sentence.

Besides providing positioning for acceptance into the RDAP and other BOP programs, we also offer the “How to Survive Federal Prison” course which is a fast tract course that prepares the defendant and his family for federal incarceration. This is an interactive course which provides written information, documents, materials, and JT Special Reports© to the client and his family followed by one-on-one personal or telephone sessions to address all your questions and concerns. You can obtain information on this course and other products by going to our website.

More information can be found online at http://jailtimeconsulting.com

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