Pre-Sentence Report Examination

The Pre-Sentencing Investigation Report (PSI/PSR) is the single most dominant and definitive document in determining the length of your federal prison sentence, federal prison designation, custody level, security level, eligibility for sentence reduction programs, inmate work assignments, choice of bunk, and the quality of life enhancements while you are in federal prison. Why is it? The PSI is your “Bible”, your life history as seen through the eyes of the Probation Officer that authors it in concert with the Assistant United States Attorney (AUSA).

Unfortunately, the Probation Officer authoring the Pre-Sentencing Investigation Report is employed by the Department of Justice and works for the prosecutor and judge. I have never seen one PSI that was presented in a totally fair and accurate light. The PSI, regardless of what certain judges in Ohio think and say, is always slanted against the defendant and for the prosecution. It is many times worded so as to question the veracity of the defendant and everything he says in response to the questions of the Probation Officer. For example, if the defendant answers a question asked by the Probation Officer, the report may read, “Defendant alleges this or alleges that”. The report appears as if the defendant is answering the questions but not telling the truth. Many times it seems the Probation Officer writing the PSI includes what he wants to and not what the defendant actually said or meant. This is why it is so important for the client to use the services of Jail Time Consulting to examine the initial draft of the PSI before objections. Jail Time Consulting will review this initial PSI and outline to the defendant’s attorney any inaccuracies or untruths that will adversely affect the defendant when he is in prison. The defendant must make sure that the PSI is accurate before he enters federal prison. Once the inmate is in prison, the opportunity to amend the PSI is all but lost.

The defendant and his counsel will have an opportunity to make corrections to the PSI and they must. Inaccurate information on the PSI will haunt the prisoner throughout his period in federal prison. There are many adverse consequences that may result from inaccurate information on the Pre-Sentencing Investigation Report. He may be denied a lower security level or a lower custody level. He may be denied designation to a facility close to his home and family. He may be denied designation to a minimum security Federal Prison Camp even though his security point total makes him Camp eligible. Management Variables (MGTV) or Public Safety Factors (PSF) may be placed on him by the Designation and Sentence Computation Center, (DSCC). This may result in placement in a higher security level institution or even an institution thousands of miles from his home. He may also be denied access to certain Bureau of Prison’s programs such as the 500-Hour Residential Drug Abuse Program. Jail Time Consulting knows what to look for on a PSI and will assist the defendant and his attorney in this review.

Prisoners often complain that they have been negatively impacted by inaccurate information in their PSI. A number of inmates at a federal prison were recently asked how many were affected negatively by errors in their PSI. Eighty-five (85%) percent responded that they were negatively affected by errors in their PSI. The eighty-five (85%) percent that responded were then asked how many were told by their attorney that the errors would have no detrimental effect or consequences. Almost one hundred (100%) percent raised their hands. I cannot emphasize too strongly that the defendant must make sure that any errors in the PSI, his “Bible”, are corrected before he enters federal prison. This is where Jail Time Consulting can offer assistance. As part of our program we offer Pre-Sentence Report Examination. We review your Pre-Sentence Investigation Report in concert with your attorney and offer recommendations on those items which may negatively affect your life in federal prison. There may be errors or omissions in the Pre-Sentence Investigation Report which must be corrected. There may be statements in direct opposition of the information you provided to the probation officer authoring the report. There may be other issues which need to be explained in more detail and corrected. The bottom line is that these mistakes, errors, omissions, and oversights must be corrected. The Judge will provide an opportunity for the client through his attorney to submit a listing of his objections to the U.S. Probation Department report. The U.S. Probation Department will then respond to these objections. Any unresolved objections will be resolved and determined by the Court. It is in the defendant’s best interest that he aggressively and proactively address all the errors in his PSI so that he is not negatively affected during his federal prison experience. Jail Time Consulting professionally reviews your PSI, we can help.