The Presentence Investigation Process

The Presentence Investigation Process (PSI or PSR process) is the mandatory post-conviction investigation conducted by the United States Probation Office in every federal felony and Class A misdemeanor case. Governed by Federal Rule of Criminal Procedure 32 and 18 U.S.C. § 3552, the process culminates in the Presentence Investigation Report (PSR), the primary document the sentencing judge uses to determine the appropriate sentence. The PSR contains the official calculation of the United States Sentencing Guidelines range, statutory penalties, defendant background, financial condition, victim impact, and sentencing options.

The investigation must begin immediately after a guilty plea or verdict and be completed sufficiently in advance of sentencing to allow statutory disclosure deadlines. In fiscal year 2024, probation officers completed approximately 62,000 presentence reports nationwide. |title_mode=replace

Statutory Timeline (Rule 32)

• Conviction → Probation officer begins investigation immediately
• Initial PSR → Disclosed to defense counsel, defendant, and government no later than 35 days before sentencing
• Objections → Parties must submit written objections within 14 days of receipt
• Final PSR + Addendum → Submitted to court and parties at least 7 days before sentencing
• Sentencing → Must occur at least 90 days after conviction unless waived

Extensions are rare and require court approval.

Steps in the Investigation

1. Initial Interview – Usually conducted within 7–14 days of conviction while the defendant is on pretrial release or in custody. The probation officer interviews the defendant (with counsel present if requested) about family, education, employment, health, substance abuse, finances, and offense conduct.

2. Collateral Contacts – Verification with employers, schools, family members, treatment providers, and military records.

3. Criminal History – NCIC, FBI, state rap sheets, and fingerprints are used to compute criminal history category.

4. Victim Input – Contact with victims for impact statements and restitution documentation.

5. Financial Investigation – Bank records, tax returns, credit reports, and asset searches for fines and restitution.

6. Guideline Application – Probation calculates base offense level, adjustments, and departures.

Contents of the Presentence Report

The final PSR is divided into seven parts:

• Part A – The Offense (offense conduct, victim impact, adjustments)
• Part B – Defendant’s Criminal History
• Part C – Offender Characteristics (personal and family data, physical/mental health, education, employment, finances)
• Part D – Sentencing Options (custody, supervised release, fines, restitution)
• Part E – Factors That May Warrant Departure
• Part F – Factors That May Warrant a Variance under § 3553(a)
• Part G – Recommendation (optional in some districts)

Objections and Addendum

All unresolved objections are listed in an addendum with the probation officer’s response. The sentencing judge must rule on every disputed fact or guideline application that affects the sentence (Rule 32(i)(3)(B)). Factual findings are made by preponderance of the evidence.

Confidentiality and Disclosure

The PSR is confidential and may not be disclosed to third parties except under limited circumstances (18 U.S.C. § 3153(c)). Inmates receive a redacted copy upon arrival at the designated BOP facility; the full version is maintained in the judiciary’s sealed file.

Terminology

• PSR / PSI Report – Presentence Investigation Report
• Initial Disclosure – First version given to parties 35+ days before sentencing
• Addendum – Document listing unresolved objections and probation’s position
• Rule 32 Letter – Informal term for defense objections
• Part A – The Offense – Official version of offense conduct adopted by the court
• Criminal History Category – I through VI, calculated from points assigned to prior sentences

See also

• Sentencing Hearings: Procedures and Considerations
• United States Sentencing Guidelines
• Sentencing Memoranda

External links

• Monograph 106 – The Presentence Investigation Report (2023 revision)
• Federal Defender Guide to PSR Objections (2025)