NCJ Number
46450
Date Published
1978
Length
57 pages
Annotation
SINCE EARLIER PUBLICATION OF TWO DOCUMENTS SPECIFYING PREPARATION OF PRESENTENCE INVESTIGATION REPORTS FOR THE FEDERAL COURT SYSTEM, SEVERAL LEGAL CHANGES HAVE TAKEN PLACE; THIS MONOGRAPH INCORPORATES THESE CHANGES.
Abstract
TWO EARLIER SPECIFICATIONS, KNOWN AS PUBLICATION 103 ('THE PRESENTENCE INVESTIGATION REPORT') AND PUBLICATION 104 ('THE SELECTIVE PRESENTENCE INVESTIGATION REPORT') HAVE BECOME THE ACCEPTED STANDARD FOR SUCH REPORTS, NOT ONLY IN THE FEDERAL PROBATION SYSTEM, BUT ALSO IN STATE AND LOCAL SYSTEMS. THE PRESENT PUBLICATION UPDATES THE EARLIER STANDARDS IN LIGHT OF STATUTORY AND CASE LAW CHANGES AFFECTING PRESENTENCE INVESTIGATIONS. IT ALSO INTRODUCES THE 'CORE CONCEPT,' A FLEXIBLE MODEL FOR REPORTS. UNDER THE CORE CONCEPT, THE PROBATION OFFICER MUST DEVELOP A CORE OF ESSENTIAL INFORMATION. ADDITIONAL DATA ARE INCLUDED ONLY IF GERMANE TO THE SENTENCING DECISION. CORE INFORMATION INCLUDES BOTH THE OFFICIAL OFFICIAL AND THE DEFENDANT'S VERSION OF THE OFFENSE, TOGETHER WITH STATEMENTS OF WITNESSES, COMPLAINANTS AND VICTIMS; PRIOR RECORD; PERSONAL AND FAMILY DATA; EVALUATION; AND RECOMMENDATIONS. A SIMPLE, DIRECT, BRIEF STYLE IS URGED. ALL PERSONS MAKING STATEMENTS SHOULD BE AWARE THAT SUCH INFORMATION MAY BE DISCLOSED TO THE DEFENDANT. A CHECKLIST IS GIVEN FOR INFORMATION WHICH SHOULD BE INCLUDED. THE STANDARDS ALSO REQUIRE DEVELOPMENT OF SUPERVISION PLANS FOR DEFENDANTS ELIGIBLE FOR PROBATION. THE SUPERVISION PLAN MUST INDICATE 'GOALS, OBJECTIVES TO ACHIEVE THESE GOALS, AND DEADLINES FOR DELIVERY OF NEEDED SERVICES.' THIS PLAN SHOULD ALSO INCLUDE THE ANTICIPATED LEVEL OF SUPERVISION -- MAXIMUM, MEDIUM, OR MINIMUM -- AND ANTICIPATED FREQUENCY OF CONTACTS DURING THE INITIAL PERIOD OF SUPERVISION. INFORMATION WHICH SHOULD BE EXCLUDED IS LISTED. EACH POINT IS SUPPORTED BY CITATIONS FROM STATUTORY OR CASE LAW. APPENDIXES GIVE RULE 32 (SENTENCE AND JUDGMENT) AND THE PROBATION STATUTE, AN ABSTRACT OF THE PAROLE COMMISSION AND REORGANIZATION ACT, AN ANALYSIS OF TUCKER V. UNITED STATES AND TOWNSEND V. BURKE, AN ANALYSIS OF THE FREEDOM OF INFORMATION ACT ACT AND PRIVACY ACT. A SAMPLE REQUEST FOR PRESENTENCE REPORTS OR PROBATION RECORDS AND A MODEL REPLY, AND SAMPLES OF REPORTS AND RELATED FORMS. (GLR)