HomeMy WebLinkAboutPresentence InvestigationsIdaho
Department of
Correction Standard
Operating
Procedure
Title:
Presentence Investigations
1 of 15
702.04.02.001
Version:
5.0
Adopted:
12/12/1982
Brian Underwood, Chief of the division of Probation & Parole, approved this document on
05/27/2025.
Open to the public: Yes No
SCOPE
This standard operating procedure (SOP) applies to all Idaho Department of Correction (IDOC)
employees and addresses conducting presentence investigations, preparing and approving
presentence reports, retaining presentence reports, and access to presentence reports.
Revision Summary
TABLE OF CONTENTS
Scope ........................................................................................................................................ 1
Table of Contents ....................................................................................................................... 1
A. Statutory Authority ............................................................................................................ 2
B. Board of Correction IDAPA Rule ...................................................................................... 2
C. Governing Policy .............................................................................................................. 2
D. Purpose ........................................................................................................................... 2
E. Responsibility ................................................................................................................... 2
F. Definitions ........................................................................................................................ 3
G. Standard Procedures ....................................................................................................... 3
1. General Information ...................................................................................................... 3
2. PSI Assignment Procedure ........................................................................................... 4
3. Interviews ..................................................................................................................... 6
4. Victim Impact Statements ............................................................................................. 6
5. Evaluations ................................................................................................................... 8
6. Format .......................................................................................................................... 8
7. Content ........................................................................................................................ 8
8. Collateral Contacts ..................................................................................................... 12
9. Attachments ............................................................................................................... 12
10. Review and Approval .............................................................................................. 13
11. Delivery .................................................................................................................. 13
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12. Corrections to the Presentence Report .................................................................... 13
13. Release of the Presentence Report ......................................................................... 13
14. Retention of the Presentence Report ....................................................................... 14
15. Access to the Presentence Report .......................................................................... 14
16. Performance Standards and Requirements ............................................................. 14
17. Periodic Review ...................................................................................................... 14
H. References .................................................................................................................... 14
A. STATUTORY AUTHORITY
1. Idaho Code § 217A, Appointment of Director – Salary – Powers and Duties
2. Idaho Code § 20-220 Investigation and Examination to Precede Probation or Suspension of
Sentence
B. BOARD OF CORRECTION IDAPA RULE
None
C. GOVERNING POLICY
Policy 702, Presentence Investigations and Reports
D. PURPOSE
The purpose of this SOP procedure is to establish the how a presentence investigation is
conducted and a presentence report is completed, identify steps in the presentence
investigation (PSI) process, standardize report content, and provide for access to reports.
E. RESPONSIBILITY
1. Division of Probation & Parole Chief and Deputy Chief
The division of probation and parole chief and deputy chief are responsible for:
a. Overseeing presentence procedures
b. Ensuring district managers, operations managers, and the PSI program manager comply
with this SOP.
2. District Managers
District managers are responsible for:
a. Ensuring presentence investigators are following the guidelines and standard
procedures of this SOP
b. Reading this SOP annually.
3. Section Supervisors
Section supervisors or designee are responsible for:
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a. Assigning presentence reports to presentence investigators
b. Reviewing Level of Service Inventory-Revised (LSI-R) assessments for accuracy
c. Auditing presentence interviews for assessment purposes
d. Reviewing and approving completed presentence reports to ensure the guidelines are
followed
e. Reading this SOP annually.
4. Presentence Investigation Program Manager
The presentence investigation program manager is responsible for:
a. Ensuring presentence investigators’ adherence to this SOP
b. Conducting Presentence Investigation Report reviews
c. Reading this SOP annually.
F. DEFINITIONS
1. Correctional Management System (CMS): a digital platform used by correctional
agencies to store, manage, and analyze comprehensive data about individuals
throughout their entire involvement in the criminal justice system, including intake,
sentencing, incarceration, parole, and probation, allowing for informed decision-making
regarding their rehabilitation on supervision or in custody. This includes systems IDOC
is using or has used, including Reflections, CIS, and Atlas.
2. Immediate Family Member: For the purpose of this SOP, this term is defined as the
parents (biological or adoptive), father-in-law, mother-in- law, siblings, brother-in-law, sister-
in-law, spouse, and children.
G. STANDARD PROCEDURES
1. General Information
a. Presentence investigations are conducted as ordered by the court after guilt has
been determined by a guilty plea or verdict.
b. Presentence investigations may be conducted, and presentence reports prepared,
by investigators, probation and parole officers, and other staff who have received
training in conducting presentence investigations and who are designated by the
district manager or section supervisor.
c. Presentence reports must adhere to the requirements of Idaho Criminal Rule 32,
Presentence Investigations and Reports.
d. Presentence reports must be accurate, and findings must be communicated in a
clear, concise, and objective manner.
e. Attempts must be made to verify the information obtained through the
presentence interview and investigative process, including hearsay information.
f. Proper interviewing skills should be used during the presentence interview.
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g. The initial Level of Service Inventory-Revised (LSI-R) assessment must be scored the
same day the presentence interview is conducted and placed in the electronic file. The
final LSI-R must be certified in CMS before the presentence report is delivered to the
court.
h. Investigators must maintain their certifications for access to and use of the
Idaho Public Safety and Security Information System (known as ILETS) and
the LSI-R assessment.
2. PSI Assignment Procedure
a. When a court orders a presentence investigation, the following steps are
used to assign the investigation.
Functional
Roles and
Responsibilities
Step
Tasks
Supervisor or
Designee
1 report from a court.
Section Supervisor
or Designee 2
a. Referral Date - the date IDOC receives the order for
presentence report from the court.
b. Scheduled Sentencing Date - the day sentencing is scheduled.
c. Report Due Date - the date the report is due to the
court, which must be no later than seven calendar
days prior to sentencing, except when the due date
falls on a state holiday, in which instance the due
date is the previous business day, or as required in
the court order
d. Make a note in CMS to reflect the case number,
crime, judge, due date, sentencing date, and
investigator.
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District Manager,
Section Supervisor or
Designee
3
calendar days prior to sentencing but only with judicial
a. Judge directs the investigator to wait to submit the
report until after the due date.
b. Investigator's inability to generate presentence
report due to technical problems.
c. Any other reason deemed valid by the district
manager or section supervisor, or designee.
The PSI report due date may not be changed for the
reasons:
a. In lieu of a continuance
b. Due to a lack of information or evaluation
c. Workload or holidays cause a delay
upervisor or designee must make a note in CMS if the
explanation for the change in due date
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b. Out of District PSI Assignment
Presentence investigations may be conducted in one district when ordered
by another district. The sending district must contact the presentence
investigation program manager in the receiving district to arrange for a
transfer. Once agreed to, the sending district must provide the order for
presentence report, presentence face sheet/party data sheet, police reports,
and contact information for the victim(s) to the receiving district program
manager. The district completing the presentence report must deliver it to
the court and parties by the report due date as established in this SOP.
3. Interviews
a. In-person presentence interviews must take place in a safe and controlled setting, such
as a jail, correctional facility, or IDOC office. Interviews may be conducted via
telephone or video. Interviews should be completed no later than mid-point of the
timeline provided by the court.
b. The investigator must make at least three attempts to contact the defendant. If
unsuccessful, they must attempt to contact the defense attorney. If a defendant fail to
respond to the investigator's attempts to schedule an interview or does not appear for
a scheduled interview, the investigator must notify the judge and attorneys of record
by submitting a non-compliant advisement. If a defendant opts not to participate in the
presentence interview, investigators must inform the judge and attorneys of record.
c. Presentence interviews typically take place between the defendant and investigator. At
the discretion of the investigator a third party may accompany the defendant in the
presentence interview. The third party must not disrupt the interview process. The
investigator must note in the presentence report that a third party was present during the
presentence interview.
d. The defendant's defense attorney is allowed to attend the presentence interview upon
request. Investigators will accommodate the request to have an attorney present
within reason. In general, the Sixth Amendment protects the right to advice of an
attorney before completion of the presentence interview and investigation. However,
the Sixth Amendment guarantees the right to the presence of an attorney during the
interview in a capital case.
e. If an interpreter is needed to facilitate the presentence interview, only court-appointed
interpreters, court-certified interpreters, professional translation services, or
employees of IDOC who speak the defendant's native language will be used.
f. The defendant or third-party person is prohibited from recording the presentence
interview. The investigator may record the presentence interview and take notes to
facilitate the completion of the presentence report. These recordings and notes must
be retained for 42 days post-sentencing, at which time they will be destroyed.
Presentence interviews may be recorded for auditing or training purposes; however,
these recordings must be destroyed within 30 days of audit or training completion.
4. Victim Impact Statements
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a. A victim includes:
1) Person or entity that suffers economic loss or injury as the result of the
criminal conduct to which the defendant pled guilty to or was found guilty of in
the instant offense
2) Immediate family members of a minor person referenced in subsection 1
3) Legal guardian of a person referenced in subsection 1
4) Immediate family members of the human being killed in a homicide case
5) Person or entity referenced in subsection 1 for criminal conduct that was not
adjudicated because the defendant was acquitted during the trial of the instant
offense
6) Person or entity referenced in subsection 1 for criminal conduct that was not
adjudicated because the charge(s) was dismissed or not charged as a
condition of a plea agreement in the instant offense
7) Person or entity referenced in subsection 1 for criminal conduct that was not
adjudicated, and the defendant specifically agreed to include as a victim as a
condition of a plea agreement in the instant offense
b. The instant offense refers to the charge or charges the defendant pled guilty to or was
found guilty of and for which the court entered an order for a presentence report.
c. Investigators must attempt to contact the victim(s) of the crime at least twice to solicit a
victim impact statement.
d. The victim impact statement(s) can include information regarding the victim’s version
of the crime, the description of factual situation surrounding the criminal activity, and
the physical, financial, and emotional impact the crime had (or still has) upon the
victim. Comments regarding the victim’s perception of the defendant’s character and a
sentencing recommendation are permitted.
about the crime and the defendant’s character or making a sentencing
recommendation per Idaho Code § 19-2515(5)(a).
e. Verbal victim impact statements are summarized in the presentence report. Written
victim impact statements must be typed verbatim in the presentence report. The
original written victim impact statement must be attached to the presentence report.
f. Medical and mental health professionals, caseworkers, or foster care parents may also
provide statements on the victim's behalf. Statements from these collateral contacts
are attached to the presentence report.
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g. If, during the presentence process, an investigator obtains information that suggests a
child under the age of 18 years has been abused, abandoned, or neglected or
observes the child being subjected to conditions or circumstances that would
reasonably result in abuse, abandonment, or neglect, the investigator must report the
information to the district manager or section supervisor and law enforcement as soon
as reasonably possible and no later than 24 hours after receiving the information. The
investigator must make a case update entry in CMS detailing the situation and action
taken. This information must also be included in the presentence report.
5. Evaluations
a. Judges may order evaluations as part of the presentence investigation process. For
Idaho Code § 19-2524 evaluations, districts must adhere to SOP 401.06.03.091, SUD
Funding and Treatment Authorizations.
b. Investigators are responsible for including the section 19-2524 substance use disorder
evaluation or screening. Investigators must attempt to obtain other evaluations, such
as domestic violence evaluations or psychosexual evaluations, from the assigned
evaluator.
c. The findings of the evaluation(s) must be summarized in the approved IDOC format in
the behavioral health table of the presentence report and attached to the presentence
report.
6. Format
Unless the court orders a specific presentence report format, investigators should use the
standard format.
a. Standard Format- Entails a full presentence interview and full presentence report.
b. File Review Format- Entails a brief review of case supervision notes, programming
history, and discipline records since the last presentence report or file review was
completed as well as other information ordered by the court to be reviewed or
included. An interview, assessments or evaluations, and updated LSI-R might also be
ordered. The most recent standard presentence report must be attached to the file
review presentence report, without attachments.
c. PSI Addendum Format - Any new information received after submitting the
presentence report must be forwarded to the court as an addendum.
7. Content
For standard presentence reports, each of the following areas will be investigated
thoroughly and attempts must be made to verify information provided by the defendant:
a. Law Enforcement Version
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The presentence report should include a description of the situation surrounding the
present criminal offense. The description should provide a clear and concise synopsis
of what occurred. Sources of information include but are not limited to police reports,
prosecutor's information, and reports of violation.
b. Victim's Impact Statement
The presentence report should include efforts made to solicit a statement as well as a
recitation of a verbal statement and a verbatim account of a written statement. In the
absence of an identified victim, the State of Idaho should be listed as the victim.
c. Restitution
The presentence report should include the amount of restitution being sought by the
victim in the victim section. The report should include other statutory restitution
amounts in the financial section. The report should discuss the defendant's ability to
pay court-ordered financial obligations in the financial section.
d. Defendant's Version
Includes the defendant's written version of the instant offense, typed verbatim from the
presentence questionnaire. If the defendant provides additional information during the
presentence interview, such information may be included in this section. If no written
statement is available, the investigator must summarize the information provided by
the defendant verbally during the presentence interview.
e. Prior Record
i. Itemize the defendant's full criminal history, including juvenile adjudications, withheld
judgments, dismissed cases, probation violations, and cases with unknown
dispositions. This information is obtained from juvenile and local courts, law
enforcement databases (ILETS), state judicial websites, police reports, and, when
applicable, department of correction records including prior presentence reports.
Do not include any expunged case or charge.
ii. The prior record summary should include clarification regarding the defendant's
criminal history, past performance on community supervision, and discipline
records received during periods of incarceration.
f. Family/Marital
i. In the CMS, list the defendant's parents' names, addresses, and phone numbers.
Other family members’ information can be entered in CMS.
ii. The report should contain a description of the defendant's formative years, and
the nature of current family relationships.
iii. The presentence report should list significant romantic, dating, and marital
relationships. The report should discuss the nature of these relationships, how
long they lasted, and whether these relationships produced any children.
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iv. The presentence report should discuss the defendant's involvement and
relationship with each child. If applicable, any history with child protection services
should also be discussed.
g. Companions
The presentence report should identify defendant's friends and acquaintances and
discuss their involvement in criminal acts and pro-social activities. If applicable, gang
affiliations should be discussed here.
h. Accommodations
i. The presentence report should list the defendant's current or most recent address in
the community. Detention or correctional facilities must not be listed. The
investigator must enter this address in CMS.
ii. The presentence report should discuss the defendant's satisfaction level with the
residence, names of the other people sharing this residence, and if weapons are
stored in the home. If the defendant is incarcerated, discuss where the defendant
plans on living when released from custody. Other states and countries where the
defendant previously lived must be included.
i. If the defendant plans to pursue an Interstate Compact, the presentence report must
detail where the defendant lived for the previous twelve months. Also advise the
defendant of the required interstate compact fee(s).
j. Education
The presentence report should discuss the defendant's education history and
academic performance.
k. Military
i. The presentence report should discuss the defendant's branch of service, services
dates, rank, any military disciplinary action, and discharge status.
ii. If the defendant did not serve in the military note that in this section.
l. Employment
i. The presentence report should list the defendant's current employment. The
investigator must enter this information in CMS. Do not enter “unemployed”,
“home maker”, or “retired” in CMS.
ii. The presentence report should discuss the defendant's current and past
employment history including job skills, the longest period of employment, and if
the defendant has ever been fired. If unemployed, discuss the defendant's ability
to secure work.
m. Emotional/Personal
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i. The presentence report should discuss the defendant's overall physical and mental
health, medical services the defendant is receiving or needs, and the impact these
ailments have on the defendant's life.
ii. Information contained in Idaho Code 18-211 or 18-212 evaluations must not be
discussed in the presentence report. The competency evaluations must not be
attached to the presentence report. The investigator can note that the defendant
underwent an evaluation pursuant to Idaho Code § 18-211 and or a commitment
under Idaho Code § 18-212.
n. Alcohol/Drug
The presentence report should discuss the defendant's full substance abuse history,
including alcohol, illegal drugs, over-the-counter medications, prescription medications,
and inhalants. Discuss how the defendant's substance abuse patterns have changed
over time, history of substance abuse treatment, and motivation to remain substance
abuse free in the future.
o. Financial
The presentence report should discuss the defendant's overall financial status.
p. Values and Outlook
Describe the defendant's values, goals, and outlook on life. Type verbatim the
defendant's written comments to the court from the presentence questionnaire.
q. Attitude/Orientation
The presentence report should discuss the defendant’s feelings about their conviction
and sentence as well as willingness to adhere to supervision requirements.
r. Recommendation
i. The presentence report must include a summary of the investigation. The summary
should provide a foundation for and support the investigator’s sentencing
recommendation. New information is not introduced in this section.
ii. The investigator must include the date the interview occurred, along with
investigator's observations of the defendant, and a sentencing recommendation.
The investigator may opt not to provide a sentencing recommendation but should
do so rarely. The decision not to provide a sentencing recommendation must
include a justifiable reason.
iii. In making a sentencing recommendation, investigators must consider the
sentencing factors, including protection of the community, rehabilitation of the
defendant, deterrence, and punishment. The investigator may recommend
incarceration. In cases where incarceration is not clearly indicated by concerns for
public safety, the investigator must consider all sentencing options. If there is a
victim, the investigator should summarize the impact on the victim.
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iv. Pursuant to Idaho Criminal Rule 32, investigators must not recommend any of the
following:
1) Incarceration for a specific amount of time
2) Imposition of a specific fine
3) Length of probation
4) Other matters within the province of the court
8. Collateral Contacts
a. Investigators are responsible for the content of the presentence report; therefore, it is
imperative the information contained in the report is accurate. Investigators must
attempt to verify information provided by the defendant with ample time to allow for a
response. Investigators, or designee, must ask the defendant to sign the IDOC release
of information during the presentence process. This release of information should
accompany information requests made to outside agencies or organizations.
b. Collateral information obtained verbally must be summarized in the presentence report
and written statements or documents must be summarized and may be attached to the
presentence report.
9. Attachments
a. Attachments may be included with the presentence report but are never used as the
sole source of information for a particular section of the presentence report. Any
attachments to the presentence report must be summarized in the corresponding
section of the presentence report.
b. If attachments to the presentence report are included, they must be placed after the
presentence report in the following order:
i. New court-ordered evaluations, including Idaho Code § 19-2524 evaluations
ii. Victim impact statement(s)
iii. Victim support statements
iv. Character reference letters
v. Prior record information, excluding prior presentence reports
vi. Child support and child protection records
vii. Education records
viii. Military records
ix. Employment records
x. Medical and mental health records
xi. Substance abuse treatment records
xii. Financial records
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xiii. Restitution information
xiv. Prosecutorial information
xv. Police reports
xvi. Prior presentence reports
c. Documents gathered through the presentence investigation process that were not
attached to the presentence report, including the presentence questionnaire, must be
retained for 42 days post-sentencing, at which time they must be destroyed.
d. In the case of a file review, the prior PSI without attachments is placed directly after
the file review report. The aforenoted order of documents remains the same.
10. Review and Approval
a. Investigators must thoroughly proofread the presentence report and make necessary
corrections before submitting the presentence report for supervisor or designee
review.
b. The investigator must submit presentence reports for supervisor or designee review by
the process and timelines established in their district. The investigator must also put a
note in CMS that the report was submitted for review.
c. The section supervisor, or designee, must review each presentence report to ensure it
is complete, the LSI-R assessment is scored accurately, the recommendation is
reasonable, and the report adheres to the PSI grammar guidelines. Approval is
signified by co-signing the presentence report.
d. The section supervisor, or designee, must make a note in CMS to reflect the report
was reviewed and approved.
11. Delivery
a. The completed and approved presentence report must be delivered to the judge,
prosecuting attorney, and defense attorney by the report due date in CMS. If this
timeframe cannot be met, the investigator must notify the section supervisor, or
designee, and the court as far in advance as possible.
b. Presentence reports are delivered to the court via e-file in Odyssey.
c. The presentence report should be locked and uploaded in the CMS the same day as it
is e-filed.
12. Corrections to the Presentence Report
Should the court provide an order for corrections or considerations to the presentence
report, the investigator or designee must open the PSI and place the order for corrections
or considerations at the beginning of the PSI, lock it, and make a note in CMS that the
order was received.
13. Release of the Presentence Report
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With the permission of the sentencing judge, the presentence report may be available to
third-party persons or agencies having a legitimate professional interest in the information
likely to be contained therein. Therefore, all requests to view or obtain a copy of the
presentence report must be directed to the sentencing judge.
14. Retention of the Presentence Report
Idaho Criminal Rule 32 allows IDOC to retain a copy of the presentence report for three
years after the defendant is discharged.
15. Access to the Presentence Report
IDOC employees must only access the presentence report, and the information contained
as needed to fulfill the duties and responsibilities of their job. If there is no legitimate need
for the information in the presentence report, it must not be accessed. The information
contained in the presentence report must not be shared with anyone who does not have a
legitimate need for the information, including other IDOC employees.
16. Performance Standards and Requirements
a. When assigning cases, the section supervisor or designee should attempt to distribute
cases equally between investigators who have completed their period of probation.
Reductions in case assignments will be given to investigators who have scheduled
time off or who are required to attend training.
b. Generally, full-time investigators who have completed their probationary period should
complete 12 presentence investigations per calendar month. Part time investigators
complete presentence reports on a proportional basis. If an insufficient number of
investigations have been ordered, the district manager or section supervisor may
assign additional duties to the investigator, including presentence investigations from
other districts.
c. When caseloads reach or exceed 12 reports per month per investigator, section
supervisor or designee should communicate caseload concerns to the presentence
investigation program manager who will address the matter with agency leadership as
appropriate.
d. Every document related to the PSI process will be saved in the electronic file within
one week of receipt, including legible or recorded interview notes.
17. Periodic Review
The PSI program manager will complete random PSI reviews for each investigator
throughout the year. The results will be shared with supervisors to be used for
performance management purposes.
H. REFERENCES
1. Policy 702, Presentence Investigations and Reports
2. SOP 401.06.03.091, SUD Funding and Treatment Authorizations
3. Idaho Criminal Rule 32 [https://isc.idaho.gov/icr32]
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