Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 9 - PROBATION › Section R. 791.9910 - Presentence report; contents; confidentiality of certain sources; submission of prior report

Current through Vol. 24-12, July 15, 2024
Rule 910.
(1) A presentence report shall contain all of the following information:
(a) An objective description of the offense, based on all the relevant information that is acquired by the probation agent during the presentence investigation.
(b) The offender's description of the current offense and the circumstances surrounding it.
(c) A written impact statement that is submitted by the victim pursuant to the provisions of section 14 of Act No. 87 of the Public Acts of 1985, as amended, being S780.764 of the Michigan Compiled Laws, if requested by a victim, which may include, but is not limited to, any of the following:
(i) An explanation of the nature and extent of any physical, psychological, or emotional harm or trauma suffered by the victim.
(ii) An explanation of the extent of any economic loss or property damage suffered by the victim.
(iii) An opinion of the need for, and extent of, restitution and whether the victim has applied for or received compensation for loss or damage.
(iv) The victim's recommendation for an appropriate sentence.
(d) A statement that is prepared by the prosecuting attorney on the applicability of any consecutive sentencing provision.
(e) A full description of the prior criminal convictions and juvenile dispositions of the offender.
(f) A description and status of all criminal charges that are pending against the offender at the time of the presentence investigation.
(g) A personal profile of the offender, including all of the following information:
(i) Educational background.
(ii) Employment qualifications, background, and status, including any military record.
(iii) Social history, including all of the following:
(A) Family relationships.
(B) Marital status.
(C) Personal habits.
(D) Interests.
(E) Activities.
(F) Residence history.
(iv) Medical history, including a psychiatric or psychological report when available and appropriate or when requested by the sentencing court.
(v) Economic situation.
(vi) Other information that is relevant to the offender's character and circumstances.
(h) A proposed plan, which shall include all of the following:
(i) An evaluation of the offender with respect to all of the following:
(A) Strengths.
(B) Weaknesses.
(C) Abilities.
(D) Established behavior patterns.
(E) Readiness for change.
(ii) Information about available resources, including, all of the following:
(A) Treatment centers.
(B) Residential facilities.
(C) Vocational training services.
(D) Special educational facilities.
(E) Rehabilitative programs of various institutions to which the offender might be committed.
(F) Special programs in the probation department.
(G) Other similar programs that are relevant to the particular offender's situation.
(iii) A probation plan, as defined in R 791.9901(g), if probation is a possible disposition.
(i) Recommended disposition, including restitution when appropriate unless prohibited by the sentencing court.