PSI Presentence
Report
New Jersey Criminal Sentencing
Although the offense you are 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.
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
• 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 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.