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Pre-Sentence Investigation Reports in Oklahoma Criminal Law
A presentence investigation report is a report prepared by a probation officer of the Oklahoma Department of Corrections. The report is used by the judge in making a decision on sentencing. A presentence report typically has the following sections:
- Case Number
- Offical Version-written from the police reports and gives the state's version of the crimes the defendant has plead guilty too.
- Defendant's Version-this comes from the defendant and is typically provided to the probation officer on the second visit. It is VERY IMPORTANT that a defendant discuss what needs to be written in the Defendant's Version. A defendant can really cause themselves problems by refusing to accept resopnsibility in this writting. (Remeber this report is prepared after the defendant enters a plea.)
- Prior Record (Including Juvenile Arrest)
- Family Background
- Marital History
- Employment-having a job at the time of sentencing is very important. Especially when it is a close call on whether or not the judge is going to give the defendant probation.
- Substance Abuse History-this is another area where many defendant's get themselves into trouble. It is not bad for a defendant to admit a substance abuse problem, it can even help explain their criminal behavior. Where defendants get themselves in trouble is that they are drug tested by the probation officer and they fail the drug test. When a defendant is asking a judge to give him probation for violating the law it hurts the defendant's case when they fail the drug test, because it shows they are continuing to violate the law. A smart lawyer will talk to his client about the drug test and continue the case to allow enough time for his client to submit a clean drug test. However, the defendant must do his or her part by stopping to use drugs. If a defendant is on prescription medications they need to provide proof of those prescriptions to the probation officer
- Level of Service Inventory-Revised (LSI-R)-commonly referred to as an LSI. This is an assessment tool given to a defendant by the probation officer that is designed to assess the risk and needs of a defendant and predict the chances a defendant will re-offend
- Military Service
- Financial Condition
- Plans If Granted Probation-this is another section written by the defendant and given to the probation officer. A defendant should consult with his lawyer before turning this over to the probation officer. A defendant needs to think about this before writting it. If a defendant turns over a good written statement they can help their chances at getting a positive outcome
- Treatment Plan-Written by the probation officer "should he or she be granted community supervision"
- Recomendation-In this section the probation officer writting the report gives their recomendation about what they think the sentence should be. Some judges care about the recomendation section of the presentence investigation report and some judges do not really care what the probation officer recomends.
The statutory authority for the Presentence Investigation Report can be found at Oklahoma Statute Title 22 Section 982(a)
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