What Is In a Pre-Sentence Investigation (PSI) For Federal Defendants?

The Pre-Sentence Investigation (PSI) and the subsequent Pre-Sentence Investigation Report (PSR) is without a doubt the most dominant and definitive document used by the Court in determining the length of a defendant’s federal prison sentence. The PSI is the defendant’s “Bible”, his life history as seen through the eyes of the probation officer authoring the report. Besides being instrumental in determining his federal prison sentence, the PSI is vitally important with respect to Bureau of Prisons’ (BOP) federal prison designation, security level, custody level, restitution issues, work assignments, bunk assignments, furlough eligibility, transfers, community custody placement, inmate quality of life enhancements, admission into the 500-Hour Residential Drug Abuse Program and how the inmate is treated in prison by both the guards and inmates. The importance of the PSI cannot be overstated. It follows the defendant throughout his whole period of federal prison incarceration.

The Pre-sentence Investigation Report must apply the advisory U.S. Sentencing Guidelines.

1)   In doing this the pre-sentence report must:

(A) Identify all applicable guidelines and policy statements of the Sentencing Commission;

(B) Calculate the defendant’s offense level and criminal history category;

(C) State the resulting sentencing range and kinds of sentences available;

(D) Identify any factor relevant to:

(i) The appropriate kind of sentence, or

(ii) The appropriate sentence within the applicable sentencing range; and

(E) Identify any basis for departing from the applicable sentencing range, either an upward or downward departure.

2)   The pre-sentence report must also contain the following additional information:

(A) The defendant’s history and characteristics, including:

(i) Any prior criminal record;

(ii) The defendant’s financial condition; and

(iii) Any circumstances affecting the defendant’s behavior that may be helpful in imposing sentence or in correctional treatment;

(B) Information that assesses any financial, social, psychological, and medical impact on any victim;

(C) When appropriate, the nature and extent of non-prison programs and resources available to the defendant;

(D) When the law provides for restitution, information sufficient for a restitution order;

(E) If the court orders a study under 18 U.S.C. § 3552(b), any resulting report and recommendation; and

(F) Any other information that the court requires, including information relevant to the factors under 18 U.S.C. § 3553(a).

(3) The pre-sentence report must not contain any of the following information. All the following must be excluded from the report:

(A) Any diagnoses that, if disclosed, might seriously disrupt a rehabilitation program;

(B) Any sources of information obtained upon a promise of confidentiality; and

(C) Any other information that, if disclosed, might result in physical or other harm to the defendant or others.

The Pre-Sentence Investigation Report is presumed to be fair, accurate, unbiased, and provide a true accounting of the defendant. In most cases it is anything but that. Remember, the PSI is written by a Probation Officer who works for the federal government—the same federal government that is trying to convict the defendant.  In most cases the PSI is slanted and biased against the defendant. When this happens, it is up to the defendant’s defense attorney to issue a written objection to the Probation Officer authoring the PSI. In many cases the defense attorney does not do this.

Prisoners often complain that they have been negatively impacted by inaccurate information in their PSI. A number of inmates at a federal prison were recently asked how many were affected negatively by errors in their PSI. Eighty (80%) percent responded that they were negatively affected by errors in their PSI. The eighty (80%) percent that responded were then asked how many were told by their attorney that the errors would have no detrimental effect or consequences. Almost one hundred (100%) percent raised their hands. I cannot emphasize too strongly that the defendant must make sure that any errors in the PSI, his “Bible”, are corrected before he enters prison. I would also recommend that to prevent these errors from getting into his PSI, the defendant’s attorney and/or a knowledgeable Federal Prison Consultant is present at the Pre-Sentencing Investigation Interview. The defendant should not go alone.

This alone speaks highly for having a competent, knowledgeable, and skilled Federal Prison Consultant on board. Currently, the Department of Justice has a 97% guilty plea rate in federal criminal cases. Federal prosecutors have over a 75% conviction rate following trial, and 91% of federal criminal defendants receive a prison sentence. It is no longer a question of will a federal defendant go to prison, it is now a question of how long will he or she be there and where will he/she go. If this doesn’t convince a federal defendant to retain the services of a well-respected Federal Prison Consultant, then he must bear the consequences.

New Federal Prison Preparation Course, “How to Survive Federal Prison” Offerred by Jail Time Consulting!

Jail Time Consulting announced today a new interactive fast tract course to prepare white collar defendants for federal incarceration. This, first of a kind course, instructs white collar offenders how to survive and endure life in a federal prison. The course is appropriately named, “How to Survive Federal Prison”, prepares both the defendant and his entire family for the arduous transition that is about to occur. No one is fully prepared for what is about to happen. You realize that you are going to prison and you face incarceration, but you have no idea of the process involved, what to expect, and how to deal with the overall situation. You are experiencing fear, apprehension, and anxiety. How will your family go on without you? What will federal prison be like? Will I get raped? Will I get assaulted? Will I get stabbed? Are there gangs that I have to pay? How will I get along without my family? You are facing a situation in which you have absolutely no control. You have heard many stories about prison life from books, television, movies, and the news media. Is it really like Oz, Prison Break, or the Shawshank Redemption? You don’t know what is true and what is false and worse yet, you don’t know where to go to get the truth. It is the fear of not knowing that is adding to your mounting fear and apprehension.

Now white collar offenders have a place to go to get the facts, truth, and knowledge. Michael Frantz, a Federal Prison Consultant and author of the course, said in a radio interview today, “This course is what white collar offenders have been waiting for. After months and months of preparation, research, and interviews with white collar defendants and inmates, we now have a cutting edge course in preparing both defendants and their families for federal incarceration. In addition, we have been able to make the course exceedingly affordable.”

“How to Survive Federal Prison” consists of seven different components or modules and is available to the defendant and his family for a total low price of only $495.00. “How to Survive Federal Prison” is an interactive course that combines written information, documents, materials, and JT Special Reports© to the client and his family followed by one-on-one personal meetings or telephone sessions with a Federal Prison Consultant to address all their questions and concerns.

Michael Frantz stated that the course is adaptable and is customized to each and every one of Jail Time’s clients. Each client is unique, each case is different but every client receives the same dedication and individual attention that he or she deserves. Since Jail Time Consulting’s clients come from all backgrounds; rich, poor; famous, not so famous; white-collar, blue-collar; the course must be flexible and relevant to the specific federal institution the client is designated to. Michael Frantz emphasized, “If the client is going to a Federal Prison Camp, the course is geared to life in a Federal Prison Camp. If the client is designated to a low or medium security federal correctional facility—the course is geared towards surviving in that security level institution. Why does a client need to know how to survive in a United States Penitentiary if he is in a Federal Prison Camp? The fact is he doesn’t!  We don’t waste our client’s valuable time teaching them things that they will never use or about situations that will never occur.”

Jail Time Consulting’s reputation is built on the people they serve and the results they get. They do not use scare tactics to enlist clients. They are straightforward, truthful, and they actually accomplish what they say they will do. As Consultant Frantz said, “Wouldn’t you really rather have it that way?”

Michael Frantz lists the seven components of “How to Survive Federal Prison” as:

•           Important Things First instructs the defendant on how to set up visitation, mail, and telephone privileges before entering prison as well as other essential inmate elements. 

•           Journey to Prison instructs the defendant on the process between sentencing and his arrival at his designated facility.

•           Arrival at Prison educates the defendant on nine essential issues he or she will be confronted with upon arrival including Prison’s Unwritten Rules. 

•           Prison Life explains life in federal prison including black market shopping, gangs, fights, sex, medical care, entertainment, furloughs, transfers, and how to get along with the BOP staff. Over 23 different prison aspects are covered in this section.

•           Preparing to Leave explains the Release Preparation Program and the process required to ensure proper departure transportation, clothing, gratuities, personal property and to verify that the inmate receives all his Good Conduct Time.

•           Post Prison Life revolves around the offender’s stay in a Halfway House, Community Sanctions Center, or Home Confinement and his period of Supervised Release. The important subject of Probation Officers is also discussed.

•           Ancillary Materials includes sections on Prison Terms and Inmate Language, the Second Chance Act, Questions and Answers, Avoiding the SHU (Solitary Confinement), and Snitches and Rats among others.

Michael Frantz indicated that the new “How to Survive Federal Prison” course is arriving at the perfect time for federal offenders. Frantz said, “The federal government currently has a 97% guilty plea rate in federal criminal cases. Federal prosecutors have over a 75% conviction rate following trial, and 91% of federal criminal defendants receive a prison sentence. It is no longer a question of will I go to federal prison, it’s a question of what is it like and how am I going to cope and survive federal prison? With statistics like those, isn’t it only prudent to participate in a top-flight course that will prepare you for federal prison. How can a federal criminal defendant afford not to?”

Information on the course including all the topics covered, pricing information, contact information, and payment options can be obtained by going to the Jail Time Consulting website, www.jailtimeconsulting.com.

About Jail Time Consulting:

Michael Frantz is a leading national Federal Prison Consultant with JT Consulting. The staff of JT Consulting provides consultation services, assistance, JT Special Reports©, as well as timely information to those individuals preparing for federal incarceration.  JT Consulting offers solutions to the problems that men and women facing federal incarceration are confronted with. They provide positioning for admission into the highly sought after 500-Hour Residential Drug Abuse Program. Mr. Frantz authored the widely used book on federal prison titled, “Jail Time, What you need to know…Before you go to federal prison.” It is currently available as both an E-Book and a paperback and is available on the JT Consulting website. He has also authored over thirty-five JT Special Reports© on various federal prison issues affecting both the inmate and his/her family as well as publishing over 24 articles nationally. He writes a daily blog on the Jail Time Consulting website and answers readers’ questions and comments. He can be reached at 954-522-2254, or at mike@jailtimeconsulting.com 

Help For Federal Prison Inmates And Their Families!

Jail Time Consulting is happy to announce a new service and inexpensive product for keeping federal prison inmates, their families, and other concerned parties informed about the latest changes in federal prison programs and other federal prison related issues. Michael Frantz, a leading Federal Prison Consultant for Jail Time Consulting, just released thirty-five (35) new and updated informative articles on various prison topics affecting the lives of federal prison inmates and their families. These informative articles are called JT Special Reports©.  

Jail Time Consulting over the last three years has compiled a collection of comprehensive, in depth JT Special Reports© on a variety of Bureau of Prisons’ topics. These reports are relevant not only to new incoming defendants and inmates already sentenced to prison, but also to the general public. These JT Special Reports^© are available on a diverse range of subjects that affect the inmate and his family almost every day. They deal with immediate issues such as inmate telephone usage, inmate mail, and inmate visits. . For example, the JT Special Report on Inmate Visits provides a step-by-step procedure which the inmate must start before he comes to prison to ensure visits within the first few days of his arrival. In this way he will avoid the BOP pitfalls that happen to so many federal inmates. These pitfalls many times may delay initial inmate visits for weeks if not months. Complete instructions, helpful hints, and Bureau of Prisons’ forms are provided to ensure that the inmate is set up for these BOP programs immediately upon incarceration and not delayed days or even weeks. The reader is instructed what to do before he or she arrives at federal prison to avoid any bureaucratic Bureau of Prisons pitfalls or snafus. Other topics deal with inmate perks and upgrades, good conduct time, facility designation procedures, inmate furloughs, inmate transfers, inmate medical care, snitches and rats, the inmate financial responsibility program, prison’s unexpected costs, and inmate jobs.

Other important topics relevant to all new defendants that are covered in the JT Special Reports© are sentence reduction techniques including the 500-Hour Residential Drug Abuse Program, the Compassionate Release Program, and the Commutation of Sentence Program to name just a few.    

Michael Frantz said that new JT Special Reports^© are written, developed, and published as new programs are instituted by the Bureau of Prisons or as the need arises. Current JT Special Reports^© are updated as Bureau of Prisons’ rules and regulations change. Michael Frantz went on to say, “With over 289 Bureau of Prisons’ Program Statements it is hard for the inmate or the families of the inmates to keep up with all the new regulations, policies, and procedures. Each JT Special Report^© presents the subject matter in a truthful, factual, and candid approach”, Michael Frantz also emphasized, “They are not always flattering to the BOP, but they are straightforward, accurate, and honest. Wouldn’t you rather know the truth?” Each JT Special Report^© allows the reader to gain the knowledge and experience of all the incarcerated inmates who have already gone through this arduous transition. The reader gains the benefit of their experiences and frustrations and knows how to avoid them.     

Every one of the JT Special Reports© can be downloaded on the Jail Time Consulting website. Michael Frantz said that a strategic decision was made to price all of the JT Special Reports© at only $6.95 each. In this way they are very affordable to all individuals. Each report is between 25 and 40 pages long and contains invaluable information written in easily understandable terms for the reader. “Informative reports of this nature can be purchased elsewhere on the internet for as much as $60.00 to $75.00″, said Frantz.  Michael Frantz also commented that there is no charge to Jail Time Consulting clients for any of the JT Special Reports^©. Jail Time Consulting clients may simply call or email to have the report sent free of charge. A synopsis of each of the JT Special Reports© is available on the Jail Time Consulting website.