NCJ Number
125184
Date Published
1988
Length
153 pages
Annotation
Presentence reports are intended to assist North Carolina judges when sentencing a convicted criminal defendant by providing the judge with information about the defendant.
Abstract
These reports may give information about the offense that was committed, the defendant's criminal and social history, and the defendant's capabilities and limitations. Some reports emphasize information about resources for appropriate alternatives to a prison sentence. North Carolina statutes identify two types of presentence reports, a presentence investigation and a presentence commitment for study. A judge may order a probation officer to conduct a presentence investigation into all circumstances relevant to sentencing; a presentence investigation must be ordered after conviction. When a judge desires more detailed information than that provided by a presentence investigation, the defendant may receive a presentence commitment for study. The defendant may be committed for up to 90 days if two conditions are met: the defendant must consent; and the defendant must have been charged with or convicted of a crime punishable by imprisonment for more than 6 months. Community penalty programs in North Carolina, designed to provide alternatives to prison sentencing and reduce overcrowding, are described. Legal issues and restrictions regarding the content, preparation, and use of presentence reports are discussed. Issues involved in the use of presentence reports are evaluated, including resources, whether presentence reports should be mandatory, when presentence reports should be prepared, the format and content of presentence reports and who should prepare them, and multiple uses of presentence reports. Appendixes contain presentence report forms, further information on presentence report legislation, and data on the number of presentence reports submitted in North Carolina. 104 footnotes, 11 tables.