What is a Presentence Investigation?

The presentence investigation is initiated either when a person enters a guilty plea or receives a guilty verdict following a trial. Presentence investigations include interviews with and soliciting records from the defendant, family members, educators, treatment providers, employers, and law enforcement officials to gather and/or verify background information. During this process, probation officers review court, education, physical and mental health, substance abuse treatment, military, financial, and employment records. The officer uses the information gathered to assess the offender's living conditions, family relationships, community ties, and drug use. The report is largely a simple biography of the defendant's life. Based on their investigations, officers prepare reports that the attorneys and court rely upon to render fair and appropriate sentences.

Before the presentence report is used by the Court at sentencing, the defendant, the defendant's attorney, and the government attorney all have the opportunity to review the draft report, to offer suggested changes. Prior to sentencing, the Court will rule upon any outstanding requested, unresolved changes.

The presentence report then follows the defendant to the Bureau of Prisons and/or his/her community placement, providing assistance in the determination of a variety of designation and treatment decisions. Examples of such decisions include everything from facility assignment, work assignments, dietary restrictions, medical and mental health treatment needs, and other programming needs, to family visitor lists and release date calculations. Due to the varied and important uses of the report, it is critical that the report be accurate and complete.

Who Conducts the Presentence Investigation

A presentence investigation is conducted by a probation officer, with the assistance of clerical staff and, on occasion, interns. Information on the crime of conviction is obtained from the government attorney, defense counsel, and other appropriate sources, such as investigating agents and victims. Sources of information include documents provided by the defendant, his attorney, and his family, as well as obtained from a variety of sources, including courts, law enforcement agencies, treatment providers, schools, employers, government and military records, and other community corrections agencies. The investigation typically involves a home inspection and family interview, as well as review of pertinent family financial documents.