PSI Presentence Report

New Jersey Criminal Sentencing

Although the offense someone is charged with plays the biggest role in the judges
determination of your sentence, there are numerous other factors to be considered. The
majority of the information used in determining what type of sentence is appropriate for you is
found in a Presentence Report.
A presentence report is an investigative report provided to the judge that includes a wide
array of information. The presentence investigation is typically done by a probation officer and
may include the following:
Criminal History
mployment
!amily support
Alcohol"#rug history
$ental health evaluation
$edical history
%ersonal habits
!inance history
Ref: NJ 2C:44-6
Arguably the most important piece of information on the presentence report is the court
investigating officers recommendation. The officer will ma&e their recommendation on the
belief on the li&elihood of your success on probation or whether they believe you would be best
served by incarceration.
The judge is not re'uired to follow the recommendation of the presentence report,
though they will li&ely give the investigating officers professional opinion some consideration.
The following is the statute dealing with pre(sentence reports
2C:44-6 Procedure on sentence presentence in!estigation and report.
a. The court shall not impose sentence without first ordering a presentence
investigation of the defendant and according due consideration to a written report of such
investigation when re'uired by the )ules of Court. The court may order a presentence
investigation in any other case.
b. The presentence investigation shall include an analysis of the
circumstances attending the commission of the offense, the defendant*s history of
delin'uency or criminality, family situation, financial resources, including whether or not the
defendant is an enrollee or covered person under a health insurance contract, policy or
plan, debts, including any amount owed for a fine, assessment or restitution ordered in
accordance with the provisions of Title +C, any obligation of child support including any
child support delin'uencies, employment history, personal habits, the disposition of any
charge made against any codefendants, the defendant*s history of civil commitment, any
disposition which arose out of charges suspended pursuant to ,.-...+C:/(0 including the
records of the disposition of those charges and any ac'uittal by reason of insanity pursuant
to ,.-...+C:/(1, and any other matters that the probation officer deems relevant or the
court directs to be included. The defendant shall disclose any information concerning any
history of civil commitment.
The report shall also include a medical history of the defendant and a complete
psychological evaluation of the defendant in any case in which the defendant is being
sentenced for a first or second degree crime involving violence and: 213 the
defendant has a prior ac'uittal by reason of insanity pursuant to ,.-...+C:/(1 or had
charges suspended pursuant to ,.-...+C:/(04 or 2+3 the defendant has a prior
conviction for murder pursuant to ,.-...+C:11(5, aggravated se6ual assault or se6ual
assault pursuant to ,.-...+C:1/(+, &idnapping pursuant to ,.-...+C:15(1, endangering the
welfare of a child which would constitute a crime of the second degree pursuant to
,.-...+C:+/(/, or stal&ing which would constitute a crime of the third degree pursuant to
section 1 of %.7.188+, c.+98 2C.+C:1+(1934 or 253 the defendant has a prior
diagnosis of psychosis.
The court, in its discretion and considering all the appropriate circumstances,
may waive the medical history and psychological e6amination in any case in which a term
of imprisonment including a period of parole ineligibility is imposed. :n any case involving a
conviction of ,.-...+C:+/(/, endangering the welfare of a child4 ,.-...+C:1;(5, criminal
trespass, where the trespass was committed in a school building or on school property4
section 1 of %.7.1885, c.+81 2C.+C:15(03, attempting to lure or entice a child with purpose
to commit a criminal offense4 section 1 of %.7.188+, c.+98 2C.+C:1+(193, stal&ing4 or
,.-...+C:15(1, &idnapping, where the victim of the offense is a child under the age of 1;,
the investigation shall include a report on the defendant*s mental condition.
The presentence investigation shall also include information regarding the
defendant*s history of substance abuse and substance abuse treatment, if any, including
whether the defendant has sought treatment in the past. :f any of the factors listed in
subsection b. of section 1 of %.7.+91+, c.+5 2C.+C:5<(1/.13 apply, the presentence report
shall also include consideration of whether the defendant may be a drug dependent person
as defined in ,.-...+C:5<(+.
The presentence investigation shall include an analysis of whether the
defendant should be re'uired to submit to a professional diagnostic assessment within the
meaning of paragraph 213 of subsection a. of ,.-...+C:5<(1/ in any case where: the
defendant may be a drug dependent person as defined in ,.-...+C:5<(+4 the defendant is
eligible to be considered for a sentence to special probation pursuant to ,.-...+C:5<(1/4
and the court has not already ordered the defendant to submit to any such diagnostic
assessment in regard to the pending matter.
The presentence report shall also include a report on any compensation paid by
the =ictims of Crime Compensation Agency as a result of the commission of the offense
and, in any case where the victim chooses to provide one, a statement by the victim of the
offense for which the defendant is being sentenced. The statement may include the nature
and e6tent of any physical harm or psychological or emotional harm or trauma suffered by
the victim, the e6tent of any loss to include loss of earnings or ability to wor& suffered by the
victim and the effect of the crime upon the victim*s family. The probation department shall
notify the victim or nearest relative of a homicide victim of his right to ma&e a statement for
inclusion in the presentence report if the victim or relative so desires. Any such statement
shall be made within +9 days of notification by the probation department.
The presentence report shall specifically include an assessment of the gravity
and seriousness of harm inflicted on the victim, including whether or not the defendant
&new or reasonably should have &nown that the victim of the offense was particularly
vulnerable or incapable of resistance due to advanced age, disability, ill(health, or e6treme
youth, or was for any other reason substantially incapable of e6ercising normal physical or
mental power of resistance.
c. :f, after the presentence investigation, the court desires additional
information concerning an offender convicted of an offense before imposing sentence, it
may order any additional psychological or medical testing of the defendant.
d. #isclosure of any presentence investigation report or psychiatric
e6amination report shall be in accordance with law and the )ules of Court, e6cept that
information concerning the defendant*s financial resources shall be made available upon
re'uest to the =ictims of Crime Compensation Agency or to any officer authori>ed under
the provisions of section 5 of %.7.18?8, c.580 2C.+C:/0(/3 to collect payment on an
assessment, restitution or fine and that information concerning the defendant*s coverage
under any health insurance contract, policy or plan shall be made available, as appropriate
to the Commissioner of Corrections and to the chief administrative officer of a county jail in
accordance with the provisions of %.7.188<, c.+</ 2C.59:?(1 et al.3.
e. The court shall not impose a sentence of imprisonment for an e6tended
term unless the ground therefor has been established at a hearing after the conviction of
the defendant and on written notice to him of the ground proposed. The defendant shall
have the right to hear and controvert the evidence against him and to offer evidence upon
the issue.
Rule ":2#-2. Presentence Procedure
$a% In!estigation. @efore the imposition of a sentence or the granting of
probation court support staff shall ma&e a presentence investigation in accordance with
,.-...A. +C://(0 and report to the court. The report shall contain all presentence
material having any bearing whatever on the sentence and shall be furnished to the
defendant and the prosecutor. An counts on which the death penalty is to be imposed,
a presentence report shall not be prepared.
$&% '(amination. After the presentence investigation and before imposing
sentence, the court may order, pursuant to ,.-...A. +C://(0c, a physical or mental
e6amination of the defendant provided that the defendant may not be committed to an
institution for the purpose of that e6amination. The e6amination report shall be furnished
to the defendant and the prosecuting attorney.