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Pre-Sentence Investigation Report

Title 22 O.S. ยง 982 gives Oklahoma judges have the option of ordering a pre-sentence report be prepared before sentencing a defendant on a "violent felony offense" to assist them in determining what they believe to be an appropriate sentence. Section 982 defines "violent felony offenses" as:

1. Arson in the first degree;
2. Assault with a dangerous weapon, battery with a dangerous weapon or assault and battery with a dangerous weapon;
3. Aggravated assault and battery on a police officer, sheriff, highway patrol officer, or any other officer of the law;
4. Assault with intent to kill, or shooting with intent to kill;
5. Assault with intent to commit a felony, or use of a firearm to commit a felony;
6. Assault while masked or disguised;
7. Burglary in the first degree or burglary with explosives;
8. Child beating or maiming;
9. Forcible sodomy;
10. Kidnapping, or kidnapping for extortion;
11. Lewd or indecent proposition or lewd or indecent acts with a child;
12. Manslaughter in the first or second degrees;
13. Murder in the first or second degrees;
14. Rape in the first or second degrees, or rape by instrumentation;
15. Robbery in the first or second degrees, or robbery by two or more persons, or robbery with a dangerous weapon; or
16. Any attempt, solicitation or conspiracy to commit any of the above enumerated offenses.

The statute states that the Pre-Sentence Report shall include:

When conducting a presentence investigation, the Department shall inquire into the circumstances of the offense and the characteristics of the offender. The information obtained from the investigation shall include, but not be limited to, a voluntary statement from each victim of the offense concerning the nature of the offense and the impact of the offense on the victim and the immediate family of the victim, the amount of the loss suffered or incurred by the victim as a result of the criminal conduct of the offender, and the age, marital status, living arrangements, financial obligations, income, family history and education, prior juvenile and criminal records, associations with other persons convicted of a felony offense, social history, indications of a predisposition to violence or substance abuse, remorse or guilt about the offense or the harm to the victim, job skills and employment history of the offender. The Department shall make a report of information from such investigation to the court, including a recommendation detailing the punishment which is deemed appropriate for both the offense and the offender, and specifically a recommendation for or against probation or suspended sentence. The report of the investigation shall be presented to the judge within a reasonable time, and upon failure to present the report, the judge may proceed with sentencing. Whenever, in the opinion of the court or the Department, it is desirable, the investigation shall include a physical and mental examination or either a physical or mental examination of the offender.

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