“Prior to sentencing, the probation officer must investigate the defendant’s background and character, verify material information, and report in writing the results of the investigation to the court.” MCR 6.425(A)(1). See also MCL 771.14. “On request, the probation officer must give the defendant’s attorney notice and a reasonable opportunity to attend the presentence interview.” MCR 6.425(A)(2).
A.PSIR Content Required for all Felony Offenses
The information that must be included in a PSIR is addressed by both statute and court rule. See MCL 771.14; MCR 6.425.
MCL 771.14(1) indicates that a PSIR is a probation officer’s written report of information obtained through the officer’s inquiry into the defendant’s “antecedents, character, and circumstances[.]”1 MCR 6.425(A)(1) requires that the probation officer verify material information included in the report.
MCR 6.425 and MCL 771.14(2) both require the PSIR to include:
•Based on factual information contained in the PSIR, an evaluation of and prognosis for the offender’s community adjustment. MCL 771.14(2)(a); MCR 6.425(A)(1)(j).
•A written victim impact statement if requested and provided by a victim. MCL 771.14(2)(b); MCR 6.425(A)(1)(g).
•A written recommendation for a specific disposition. MCL 771.14(2)(c); MCR 6.425(A)(1)(k). The recommended disposition should be based on “the evaluation and other information as prescribed by the assistant director of the department of corrections in charge of probation.” MCL 771.14(2)(c).
•A statement from the prosecuting attorney regarding whether consecutive sentencing is mandatory or discretionary for the offender’s sentencing. MCL 771.14(2)(d); MCR 6.425(A)(1)(i).
Additionally, depending on the circumstances of the offense and the offender, MCR 6.425 requires the PSIR to include:
“(a) a description of the defendant’s prior criminal convictions and juvenile adjudications,
(b) a complete description of the offense and the circumstances surrounding it,
(c) a brief description of the defendant’s vocational background and work history, including military record and present employment status,
(d) a brief social history of the defendant, including marital status, financial status, length of residence in the community, educational background, and other pertinent data,
(e) the defendant’s medical history, substance abuse history, if any, and, if indicated, a current psychological or psychiatric report,
(f) information concerning the financial, social, psychological, or physical harm suffered by any victim of the offense, including the restitution needs of the victim,
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(h) any statement the defendant wishes to make,
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(l) any other information that may aid the court in sentencing.” MCR 6.425(A)(1).
MCL 771.14(2)(e)-(h) require additional content in certain types of cases. They are discussed in Section 6.10(C) and Section 6.10(D).
Statement regarding identification documents. All PSIRs must include “[a] statement as to whether the person has provided the personal identification documents,” such as a Social Security card, photographic identity document, or birth certificate, for purposes of obtaining an operator’s license or state personal identification card upon release from incarceration. MCL 771.14(2)(h). See also MCL 791.234c(1)(b) and MCL 28.291(1).
Crimes involving alcohol or a controlled substance. “If a person is to be sentenced for a felony or for a misdemeanor involving the illegal delivery, possession, or use of alcohol or a controlled substance,” the PSIR must contain a statement, if applicable, indicating that the person is licensed or registered under the public health code (MCL 333.16101 to MCL 333.18838). MCL 771.14(2)(f). See also MCL 769.1(14).
Diagnostic opinions. Unless a diagnostic opinion is exempt from disclosure under MCL 771.14(3), the PSIR must include available diagnostic opinions. MCL 771.14(2)(g).
A PSIR must “not include any address or telephone number for the home, workplace, school, or place of worship of any victim or witness, or a family member of any victim or witness, unless an address is used to identify the place of the crime or to impose conditions of release from custody that are necessary for the protection of a named individual. Upon request, any other address or telephone number that would reveal the location of a victim or witness or a family member of a victim or witness shall be exempted from disclosure unless an address is used to identify the place of the crime or to impose conditions of release from custody that are necessary for the protection of a named individual.” MCL 771.14(2); MCR 6.425(A)(3).
See also MCR 6.610(G)(1)(b), which contains identical requirements for any PSIR used in district court proceedings.2
C.PSIR Content Required for Felony Offenses Under the Sentencing Guidelines3
The PSIR of an offender being sentenced for a felony offense under the advisory statutory sentencing guidelines must include:
•The appropriate sentence grid4 showing the recommended minimum sentence range for each conviction subject to a mandatory or discretionary consecutive sentence. MCL 771.14(2)(e)(i).
•Unless a conviction is subject to consecutive sentencing, the sentence grid showing the recommended minimum sentence range for each crime having the highest crime class. MCL 771.14(2)(e)(ii).
•Unless a conviction is subject to consecutive sentencing, the computation of offense variable and prior record variable scores used to determine the recommended minimum sentence range for the crime having the highest crime class. MCL 771.14(2)(e)(iii). See also MCR 6.425(C).
•A statement regarding the applicability of intermediate sanctions. MCL 771.14(2)(e)(iv).
•The recommended sentence. MCL 771.14(2)(e)(v). See also MCR 6.425(C).
D.Changes to Report Before Sentencing
“If a prepared presentence investigation report is amended or altered before sentencing by the supervisor of the probation officer who prepared the report or by any other person who has the authority to amend or alter a presentence investigation report, the probation officer may request that the court strike his or her name from the report and the court shall comply with that request.” MCL 771.14(4).
1 Similarly, before a court imposes an adult sentence on a juvenile, DHHS must provide a written report about “the juvenile’s antecedents, character, and circumstances[.]” MCL 771.14a(1). See also MCL 803.224(1). See the Michigan Judicial Institute’s Juvenile Justice Benchbook for additional information.
2 See Section 6.7(B) for more information on the procedures related to district court sentencing.
3 For a discussion on how to score the guidelines when the defendant is convicted of multiple offenses, see Section 7.2(B).
4 Sentencing grids are found in MCL 777.61 to MCL 777.69. See also the Michigan Sentencing Guidelines Manual.