Pre-Sentence Investigation Proposal Purpose: To gather and provide information to the Courts and to other Criminal Justice stakeholders that will aid at key decision points. Proposal: To expand the use of Pre-Sentence Investigations for persons convicted of felonies.

Upon conviction for a crime, other than a capitol felony, punishable by more than 1 year of incarceration PSI (and/or AIP) is required: PSI (and/or AIP) may be ordered: The court, may order a PSI for a defendant convicted of any crime or offense. Current Law

Current Law (Continued) The PSI may be waived… By a defendant, who is not eligible for sentence review pursuant to General Statutes § with the consent of the sentencing judge and the prosecuting authority.

PSI Components The Offense Offender’s Version Victim’s Attitude Criminal Record Current Personal History Evaluation and Recommendation Addendum Appendix

The Offense Taken from police reports or may be provided by the state’s attorney. Describes value of items taken or extent of injuries to a victim. Excludes victim ID, names of Youthful Offender or Juvenile co-defendants, and specific names of the arresting officers. Describes status of co-defendants.

Offender’s Version Opportunity granted in all cases. May note discrepancies with the police reports. May describe genuine sentiment of remorse or its absence.

Victim’s Attitude May be the actual victim, a guardian or living relative, or the victim’s advocate. Face-to-face for Felony assaults, death, sex offenses, robberies or upon the victim’s request. Describes financial loss, physical injuries, safety concerns or emotional trauma reported by the victim. May include a sentencing request or suggested probation conditions.

Criminal Record Includes all convictions and pending matters in adult criminal court in chronological order ending with the instant offense. May describe circumstances of the prior convictions and adjustments to prior periods of community-based supervision when available and deemed pertinent.

Current Personal History Describes the offender’s family background, education, employment, marital status, military service, physical health, mental health and substance abuse history. Emphasis on most recent five years. If information is unverified through collateral sources, it may not be presented as factual.

Addendum The previous PSI is not more than five years old. The previous report was not a Youthful Offender PSI, an update to another report, or completed by a probation officer from another state. May be done when:

Appendix Includes… Youthful Offender dispositions if the offender is under 21 and has not been convicted of a felony. Description of Juvenile Court judicial dispositions when the defendant is under 21 years of age.

Appendices will be removed from the PSI Report before the document is sent to an institution or agency including the Department of Correction.

Additional Information An LSI-R / ASUS-R is completed in conjunction with the PSI. Additional evaluations may be requested. If the offense is a registerable sex offense, a sex offender evaluation is completed when there is no sentencing agreement or an agreement for straight probation.

Supplemental Information Mental health or substance abuse evaluations requested by the Court or received subsequent to the submission of the report may be attached.

PSI Process Court order 6 week continuance Court documents gathered / case assigned Officer reviews case file Reviews current and closed Probation files Schedules interview with the defendant Defense attorney notified and may accompany the defendant during the interview Interview may be held at the DOC or the Probation office

PSI Distributed at least 72 hours prior to sentencing to… Sentencing Judge Prosecuting Attorney Defense Attorney or pro se Defendant DOC via the Clerk of the Court (currently sent by mail as well)

Other PSI Consumers Adult Probation Correctional / Mental Health Institutions Board of Pardons and Paroles Other Connecticut Courts Defense Counsel / Prosecutor during current or future negotiations Counsel for the defendant in a sentence review or habeas corpus proceeding Any other person or agency specified by statute

Current Practice In a calendar year, over 2,000 PSIs are completed. Of the 5,300 “first-time felons” who receive probation, 815 have had PSIs (2005 data).

Proposal A: All persons convicted of a first felony will have a PSI completed without exception. Proposal B: All first felons whose expected sentence will include a period of incarceration will have a PSI completed. Proposal C: All first felons whose expected sentence will include a period of incarceration exceeding 2 years will have a PSI completed.

Chance to gather info/ influence sentence and interventions “early” Public safety risk and individual risk factors may be assessed Opportunity to provide treatment / interventions Information may be useful to other consumers and serve as a foundation for future reports ProsCons Some “first felons” may never reoffend Continuances can create burden to court process Accurate estimate of volume is impossible May be costly May duplicate risk assessment process May result in greater use of incarceration (pre/post) FTAs may increase Proposal A: All persons convicted of a first felony will have a PSI completed without exception.

Same as Proposal A May include higher % of “riskier” defendants Fewer # than A = greater cost effectiveness Pros Cons Same as Proposal A Proposal B : All first felons whose expected sentence will include a period of incarceration will have a PSI completed.

Same as Proposal A & B Mandates PSIs for “parole eligible” inmates May include higher % of “riskier” defendants Most economical option Less burdensome to courts than A or B ProsCons Same as Proposal A and B Proposal C: Mandatory for all first felons whose expected sentence will include a period of incarceration exceeding 2 years.