PSIR Or Pre-Sentence Investigation Report

Within the U.S. criminal justice system there is a valuable resource that helps the Judge determine an effective sentence that would account for such factors as restitution, rehabilitation, and incarceration. This tool is a PSIR or Pre-sentencing Investigation Report.
Pre-sentencing reports originated from the passing of the Sentencing Reform Act, which was part of the Comprehensive Crime Control Act of 1984. This legislation required all capital murder cases to have a Pre-sentencing reports performed. This reform led many states to implement such reports for all felony cases. The use of a PSIR relieve state costs associated with incarceration. In the article The History of the Pre-sentence Investigation Report published by the Center on
Juvenile and Criminal Justice explains the intended use and effects of a PSIR. “The PSIR was intended to promote individualized sentencing by giving information specific to the offender’s potential for rehabilitation and community reintegration and allow judges to tailor their sentence accordingly”(n.d.). The article further explained that the use of a PSIR reduces the costs associated with long-term incarceration and allowed the utilization of community based corrections.
This growing need to reduce the prison population has led many judicial districts to use more community-based correction instead of prison.
The use of community-based corrections such as probation and drug treatment facilities increases the chance of successful reintegration of the offender into the community. The PSIR is completed by researching and compiling information in several different areas. These areas include criminal history, education level, financial status, family relationship, work history, and the victim’s impact statement. Upon conviction, the Judge issues the order for a PSIR to be completed. The order is then sent to the Department of Corrections to be assigned to a probation officer for investigation. The investigation begins with compiling any previous criminal history that includes all convicts both misdemeanors and felonies. In an article in the Criminal Justice Policy Review the authors Leanne F. Alarid and Carlos D. Montemayor (2010) explain the need for collecting the various information contained in the PSIR. “Certain sections of the PSIR were found to be highly important in the decision-making process of judges, namely, employment, prior offense[s]… and the victim[s]-impact statement”(2010). The authors further argue that any previous criminal history has a great effect on sentencing. Second is the education level of the offender. This information helps the probation officer recommend useful vocational and technical programs that could be beneficial for the offender’s reintegration into the community. Third is the offenders work history. The work history displays the offender’s ability to learn and function in a work environment. The fourth area is the cost to the State, offender’s family and
victim. The cost of incarceration versus probation are analyzed. The offender’s family is interviewed to determine the finical burden placed on dependent children. The final step in the process is the analysis of damages to the victim. These damages could be both monetarily or emotional. Upon the completion of the PSIR it is returned to the Judge for Judicial review. This process ensures that the probation officers recommendations are in line with the States statues.
According to James Bonta author of the article Offender Risk Assessment and Sentencing sentencing should incorporate elements of rehabilitation with punishment. “The courts should consider how they can use the risk/need assessments conducted by probation to further the sentencing goals of rehabilitation and protection of the public in a manner consistent with the least restrictive alternative”(2007). The author further explains that the need for balance between public safety and rehabilitation should be the driving force behind the sentence. The recommendations of the probation officer are taken in to consideration by the judge. The Judge after reviewing all the information contained in the PSIR issues a sentence. The use of PSIR’s within the court system is a valuable tool to assess the needs of the offender will accounting for the public’s safety.