California

Criminal Procedure

Criminal Procedure

Rule 4.411.5 – Probation officer’s presentence investigation report

(a)Contents

A probation officer’s presentence investigation report in a felony case must include at least the following:

(1) A face sheet showing at least:

(A) The defendant’s name and other identifying data;
(B) The case number;
(C) The crime of which the defendant was convicted;
(D) The date of commission of the crime, the date of conviction, and any other dates relevant to sentencing;
(E) The defendant’s custody status; and
(F) The terms of any agreement on which a plea of guilty was based.
(2) The facts and circumstances of the crime and the defendant’s arrest, including information concerning any co-defendants and the status or disposition of their cases. The source of all such information must be stated.
(3) A summary of the defendant’s record of prior criminal conduct, including convictions as an adult and sustained petitions in juvenile delinquency proceedings. Records of an arrest or charge not leading to a conviction or the sustaining of a petition may not be included unless supported by facts concerning the arrest or charge.
(4) Any statement made by the defendant to the probation officer, or a summary thereof, including the defendant’s account of the circumstances of the crime.
(5) Information concerning the victim of the crime, including:

(A) The victim’s statement or a summary there of, if available;
(B) Any physical or psychological injuries suffered by the victim;
(C) The amount of the victim’s monetary loss, and whether or not it is covered by insurance; and
(D) Any information required by law.
(6) Any relevant facts concerning the defendant’s social history, including those categories enumerated in section 1203.10, organized under appropriate subheadings, including, whenever applicable, “Family,” “Education,” “Employment and income,” “Military,” “Medical/psychological,” “Record of substance abuse or lack thereof,” and any other relevant subheadings.This includes facts relevant to whether the defendant may be suffering from sexual trauma, traumatic brain injury, posttraumatic stress disorder, substance abuse, or mental health problems as a result of his or her U.S. military service.
(7) Collateral information, including written statements from:

(A) Official sources such as defense and prosecuting attorneys, police (subsequent to any police reports used to summarize the crime) , probation and parole officers who have had prior experience with the defendant, and correctional personnel who observed the defendant’s behavior during any period of presentence incarceration; and
(B) Interested persons, including family members and others who have written letters concerning the defendant.
(8) The defendant’s relevant risk factors and needs as identified by a risk/needs assessment, if such an assessment is performed, and such other information from the assessment as may be requested by the court.
(9) An evaluation of factors relating to disposition. This section must include:

(A) A reasoned discussion of the defendant’s suitability and eligibility for probation, and, if probation is recommended, a proposed plan including recommendation for the conditions of probation and any special need for supervision;
(B) If a prison sentence or term of imprisonment in county jail under section 1170(h) is recommended or is likely to be imposed, a reasoned discussion of aggravating and mitigating factors affecting the sentence length;
(C) If denial of a period of mandatory supervision in the interests of justice is recommended, a reasoned discussion of the factors prescribed by rule 4.415(b);
(D) If a term of imprisonment in county jail under section 1170(h) is recommended, a reasoned discussion of the defendant’s suitability for specific terms and length of period of mandatory supervision, including the factors prescribed by rule 4.415(c); and
(E) A reasoned discussion of the defendant’s ability to make restitution, pay any fine or penalty that may be recommended, or satisfy any special conditions of probation that are proposed.

Discussions of factors (A) through (D) must refer to any sentencing rule directly relevant to the facts of the case, but no rule may be cited without a reasoned discussion of its relevance and relative importance.

(10) The probation officer’s recommendation. When requested by the sentencing judge or by standing instructions to the probation department, the report must include recommendations concerning the length of any prison or county jail term under section 1170(h) that may be imposed, including the base term, the imposition of concurrent or consecutive sentences, and the imposition or striking of the additional terms for enhancements charged and found.
(11) Detailed information on presentence time spent by the defendant in custody, including the beginning and ending dates of the period or periods of custody; the existence of any other sentences imposed on the defendant during the period of custody; the amount of good behavior, work, or participation credit to which the defendant is entitled; and whether the sheriff or other officer holding custody, the prosecution, or the defense wishes that a hearing be held for the purposes of denying good behavior, work, or participation credit.
(12) A statement of mandatory and recommended restitution, restitution fines, other fines, and costs to be assessed against the defendant, including chargeable probation services and attorney fees under section 987.8 when appropriate, findings concerning the defendant’s ability to pay, and a recommendation whether any restitution order should become a judgment under section 1203(j) if unpaid.

(Subd (a) amended effective January 1, 2018; previously amended effective January 1, 1991, July 1, 2003, January 1, 2007, January 1, 2015, and January 1, 2017.)

(Subd (a) amended effective January 1, 2017; previously amended effective January 1, 1991, July 1, 2003, January 1, 2007, and January 1, 2015.)

(13) Information pursuant to Penal Code section 29810(c):

(A) Whether the defendant has properly complied with Penal Code section 29810 by relinquishing firearms identified by the probation officer’s investigation or declared by the defendant on the Prohibited Persons Relinquishment Form, and
(B) Whether the defendant has timely submitted a completed Prohibited Persons Relinquishment Form.

(Subd (a) amended effective January 1, 2018; previously amended effective January 1, 1991, July 1, 2003, January 1, 2007, January 1, 2015, and January 1, 2017.)

(b)Format

The report must be on paper 8-1/2 by 11 inches in size and must follow the sequence set out in (a) to the extent possible.

(c)Sources

The source of all information must be stated. Any person who has furnished information included in the report must be identified by name or official capacity unless a reason is given for not disclosing the person’s identity.

Cal. R. Ct. 4.411.5

Rule 4.411.5 amended effective January 1, 2018; amended effective January 1, 2017; adopted as rule 419 effective July 1, 1981; previously amended and renumbered as rule 411.5 effective January 1, 1991; previously renumbered effective January 1, 2001; previously amended effective July 1, 2003, January 1, 2007, and January 1, 2015.