Presentence Investigation Report: What is It?
The Presentence Investigation Report (PSR) is a legal document. The document will influence anyone convicted of a felony in the federal criminal justice system. Anyone facing a criminal charge should learn about the Presentence Investigation Report for one very clear reason:
- The PSR can lead to an earlier release from prison.
Don’t take my word for the influence that a presentence investigation report can have on sentencing.
Those who watch the video will learn how much emphasis Judge Bennett places on the PSR. In response to my questions, Judge Bennett explains why defendants who prepare for the presentence investigation report in advance can influence the sentences that he imposes.
Further, Judge Bennett reveals how he conducted a study to learn how more than 900 federal judges determine an appropriate sentence. His study resulted in an article that the Alabama Law Review published. Judge Bennett’s findings from the study revealed that federal judges rely upon the presentence investigation report to determine whether to grant mercy at sentence.
Besides the sentencing hearing, the PSR has enormous influence on individuals that may serve time in prison. The Federal Bureau of Prisons, for example, is an enormous bureaucracy. People who make decisions concerning each prisoner may never come face-to-face with the person. They will rely upon the presentence investigation report along with the judgment order when determining aspects of the prisoner’s life that include:
• Prison designation
• Prison security level
• Prison job assignment
• Prison living quarters
• Access to medical care
• Access to prison programs
• Access to early release from prison
• Access to halfway house placement
• Access to home confinement
Defendants who are sanctioned to a term in prison proceed through a period of supervised release after the prison term concludes. Probation officers will rely upon the PSR to determine the level of liberty they should extend to the individual.
For the reasons cited above, defendants should learn everything they can about the presentence investigation report. To the extent they’re able, defendants should prepare either individually or with a competent consultant. By influencing the presentence investigation report, they simultaneously influence:
• Possibilities for a better experience in prison
• Possibilities for an earlier release from prison
• Possibilities for more liberty while they’re on supervised release, and
• Possibilities for early termination from supervised release
Those who want assistance in preparing for the presentence investigation report should expect to invest hundreds of hours to learn about the functions, objectives, and statutory requirements of the Presentence Investigation Report. I’ve written an extensive booklet to help individuals prepare. That booklet is available for $50 through my store at PrisonProfessor.com.
Individuals who do not have $50 to spend on a booklet to prepare for the presentence investigation may receive the report for free by sending an email to me at Michael@MichaelSantos.com.
Readers may call or text me at 415-419-1728. I offer personal consulting services and assistance in preparing for the PSR.
Remember: The PSR can influence the length of the federal prison sentence.
- The PSR can influence the type of prison where the Bureau of Prisons will designate the offender.
- The PSR can influence the amount of access the defendant has to telephone calls.
- The PSR can influence the amount of access the defendant has to visits.
- The PSR can influence the types of programs the individual may be eligible to participate in.
- The PSR can influence whether the defendant qualifies for a time cut under the Residential Drug Abuse Program (RDAP).
- The PSR can influence the individual’s time on supervised release.
Defense attorneys will limit their guidance to matters concerning the judicial proceedings. Few defense attorneys concern themselves much with the presentence investigation because they do not grasp the importance of the presentence investigation as the defendant proceeds through federal prison. A competent prison consultant will have a depth and breadth of experience of navigating federal prison. Prison consultants who have extensive experience will know how to influence the presentence investigation report in ways that will position the defendant:
- To serve the lowest possible sentence.
- To serve the sentence in the best possible environment.
- To have the best possible experience in the halfway house.
- To conclude his period of supervised release at the earliest possible time.
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