PSI Presentence Report
New Jersey Criminal Sentencing
Although the offense someone
is charged with plays the biggest role in the judge’s 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.
We
provide our clients with a copy of the Presentence Report. After you read it
carefully advise us in writing within 5 days of anything that is not accurate
or needs correcting. The Judge will ask you on sentencing date are there any
corrections or modifications.
We
also recommend our clients prepare a list of
(15) reasons why the judge should not give you the maximum penalties,
fines or impose a jail sentence. At sentencing the judge will ask you
"what do you want to tell the court”.
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:
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• Criminal History
• Employment
• Family support
• Alcohol/Drug history
• Mental health evaluation
• Medical history
• Personal habits
• Finance history
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Ref:
NJ §2C:44-6
Arguably the most important
piece of information on the presentence report is the court investigating
officer’s recommendation. The officer will make their recommendation on the
belief on the likelihood of your success on probation or whether they believe
you would be best served by incarceration.
The
judge is not required to follow the recommendation of the presentence report,
though they will likely give the investigating officer’s professional opinion
some consideration.
The
following is the statute dealing with pre-sentence reports
2C:44-6 Procedure on sentence; presentence
investigation 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
required by the Rules 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 delinquency 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 2C, any obligation of child support
including any child support delinquencies, 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 N.J.S.2C:4-6 including the records of the disposition of
those charges and any acquittal by reason of insanity pursuant to N.J.S.2C:4-1,
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:
(1)
the defendant has a prior acquittal by
reason of insanity pursuant to N.J.S.2C:4-1 or had charges suspended pursuant
to N.J.S.2C:4-6; or
(2)
the defendant has a prior conviction for
murder pursuant to N.J.S.2C:11-3, aggravated sexual assault or sexual assault
pursuant to N.J.S.2C:14-2, kidnapping pursuant to N.J.S.2C:13-1, endangering
the welfare of a child which would constitute a crime of the second degree
pursuant to N.J.S.2C:24-4, or stalking which would constitute a crime of the
third degree pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10); or
(3)
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 examination in any case in which a
term of imprisonment including a period of parole ineligibility is
imposed. In any case involving a conviction of N.J.S.2C:24-4, endangering
the welfare of a child; N.J.S.2C:18-3, criminal trespass, where the trespass
was committed in a school building or on school property; section 1 of
P.L.1993, c.291 (C.2C:13-6), attempting to lure or entice a child with purpose
to commit a criminal offense; section 1 of P.L.1992, c.209 (C.2C:12-10),
stalking; or N.J.S.2C:13-1, kidnapping, where the victim of the offense is a
child under the age of 18, 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. If any
of the factors listed in subsection b. of section 1 of P.L.2012, c.23
(C.2C:35-14.1) apply, the presentence report shall also include consideration
of whether the defendant may be a drug dependent person as defined in
N.J.S.2C:35-2.
The presentence investigation shall
include an analysis of whether the defendant should be required to submit to a
professional diagnostic assessment within the meaning of paragraph (1) of
subsection a. of N.J.S.2C:35-14 in any case where: the defendant may be a drug
dependent person as defined in N.J.S.2C:35-2; the defendant is eligible to be
considered for a sentence to special probation pursuant to N.J.S.2C:35-14; 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
Victims 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 extent of any physical harm or
psychological or emotional harm or trauma suffered by the victim, the extent of
any loss to include loss of earnings or ability to work 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 make a statement for inclusion in the presentence report if the
victim or relative so desires. Any such statement shall be made within 20
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 knew or reasonably should have known that the victim of the offense
was particularly vulnerable or incapable of resistance due to advanced age,
disability, ill-health, or extreme youth, or was for any other reason
substantially incapable of exercising normal physical or mental power of
resistance.
c.
If, 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.
Disclosure of any presentence
investigation report or psychiatric examination report shall be in accordance
with law and the Rules of Court, except that information concerning the
defendant's financial resources shall be made available upon request to the
Victims of Crime Compensation Agency or to any officer authorized under the
provisions of section 3 of P.L.1979, c.396 (C.2C:46-4) 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
P.L.1995, c.254 (C.30:7E-1 et al.).
e.
The court shall not impose a sentence of
imprisonment for an extended 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
3:21-2. Presentence Procedure
• (a) Investigation. Before the imposition of a sentence or the granting
of probation court support staff shall make a presentence investigation in
accordance with N.J.S.A. 2C:44-6 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. On counts on which the
death penalty is to be imposed, a presentence report shall not be prepared.
• (b) Examination. After the presentence investigation and before
imposing sentence, the court may order, pursuant to N.J.S.A. 2C:44-6c, a
physical or mental examination of the defendant provided that the defendant may
not be committed to an institution for the purpose of that examination. The
examination report shall be furnished to the defendant and the prosecuting
attorney.
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