The Case Stella is a 42-year-old married mother of two. She works as an occupational therapist at a private nursing home. She is a respected member of the local community and is
The Case
Stella is a 42-year-old married mother of two. She works as an occupational therapist at a private nursing home. She is a respected member of the local community and is a member of the parent teacher association (PTA) at her kids' high school. Stella's husband Peter formerly worked as an investment banker but is currently unemployed. He was convicted of federal tax evasion in 2007 and served 15 months in prison for this offense.
Stella has just been convicted of state income tax evasion, because she had not paid state income tax for the past two years. Other than this offense, she has no previous record of any convictions. It was determined in court that she owes the state $4150 in back taxes and interest.
The maximum punishment for state income tax evasion is a fine of up to $25,000 and imprisonment for 25 years.
Based on your research and findings, prepare the PSI report for Stella. Include the following in your report:
- In the recommendation section of the PSI report, indicate what type of sentence you would recommend.
- If you recommend probation, state the reasons for doing so and specify any conditions that you recommend the court impose.
- If you do not recommend probation, justify your recommendations with appropriate reasoning.
- Explain how your recommended punishment will deter Stella from committing similar crimes in the future.
To view a sample PSI report, click here. Use this sample report as a guideline only. You will need to create a PSI report specific to the scenario in this assignment
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
COMMUNITY JUSTICE ASSISTANCE DIVISION
PRE/POST SENTENCE INVESTIGATION REPORT
GENERAL INSTRUCTIONS: Pursuant to provisions of Art. 42.12 Sec. 9, a presentence investigation report shall be completed prior to the imposition of sentence by the court. Type or print all requested information. If the information is not available at the time the report is prepared, please state "not available" in the space provided. The source of information for each section should be reflected in the appropriate space. Additional comments and/or source documents for any section may be attached to this report, as local jurisdictions dictate.
DISP: |
CS: |
CS REV: Y N |
PEN: |
SAFPF: |
JAIL: |
||
Date PSI |
Sentence |
||
Completed: |
Begin date: |
I. COURT/LEGAL INFORMATION: Report information regarding the court of original jurisdiction and identification of attorneys assigned to the case.
County |
ID |
Sentencing Judge |
|
Court |
Prosecutor |
Defense Counsel |
(Last) (First) (MI) (Last) (First) (MI)
Source of information: COURT RECORD/DISTRICT ATORNEYS FILE |
II. DEFENDANT INFORMATION: Provide demographic and/or other identifying information on the defendant in this section.
Cause #: |
TRN #: |
TRS |
|
|
|
|
|
|
Name |
aka (if known) |
(Last) (First) (Middle Name) |
(Last) (First) (Middle Name) |
Current Address |
Permanent Address |
|
|
Phone # |
Phone # |
Age |
Gender |
Martial Status |
DOB |
Ethnicity |
No. of Dependents |
Place of Birth: |
Citizenship: |
(City) (State-Country) |
Alien #: |
Alien Status: |
INS notified: Yes |
No |
SSAN: |
Driver's License: |
DPS/SID No.: |
|
FBI No.: |
TDCJ-ID #: |
Other: |
Source of information: INTERVIEW/NCIC/TCIC/COURT RECORDS |
III. CURRENT OFFENSE: Provide information relative to the circumstances of the primary offense. A copy of the offense report may be attached. If the report is not attached, briefly describe the offense.
Offense |
Offense Date |
Arrest Date |
Circumstance: SEE ATTACHED REPORT
Weapon used yes no If yes, type: |
Page 2 Defendant's Name:
Cause No.:
*Guilt acknowledged |
*Guilt minimized |
*Declined to discuss |
Source of information: INTERVIEW |
*Optional Fields
IV. CUSTODIAL INFORMATION: Report whether the defendant is currently under correctional supervision.
Detainers/ County/
Pending Charges State
Source of information: COURT RECORD/JAIL RECORDS |
V. CRIMINAL HISTORY: Report both juvenile and adult criminal histories on the defendant. If available, attach either a DPS, FBI rap sheet or NCIC-TCIC report and answer the following questions:
A. JUVENILE: Criminal Record ________ yes ________ no ________ unavailable
If Yes, Number of probations ________ Number of adjudications ________ Number of arrests ________
Source of information: INTERVIEW |
B. ADULT: Criminal Record ________ yes ________ no ________ unavailable
Indicate the number of incidences regarding the defendant in the appropriate box(es):
Arrests |
Pretrial Intervention |
Conviction(s) |
Community Supervision(s) |
Intermediate Sanction(s) |
Community Supervision Revocation(s) |
Parole/MS |
Parole/MS Revocation(s) |
|
Felony |
||||||||
Misdemeanor |
Previous incarceration(s):
Jail: ______ yes ______ no; # ______; Charge(s) ________________________________________________________
Prison: ______ yes ______ no; # ______; Charge(s) ________________________________________________________
State Jail: ______ yes ______ no; # ______; Charge(s) ________________________________________________________
SAFPF : ______ yes ______ no; # ______; Charge(s) ________________________________________________________
Source of information: NCIC/TCIC INTERVIEW |
C. STATUS AT TIME OF OFFENSE:
____________ Previous criminal history County/State ____________
____________ No Previous criminal history County/State ____________
____________ Bond Supervision County/State ____________
____________ Community Supervision County/State ____________
____________ Parole/Mandatory supervision County/State ____________
Age at 1st conviction: ________
Current gang affiliation: ________ yes ________ no If yes, name: ____________________
Past gang affiliation: ________ yes ________ no If yes, name: ____________________
Suspected gang affiliation ________ yes ________ no If yes, name of city/state: ____________________
Reason(s) |
Source of information: COURT RECORD/INTERVIEW/NCIC-TCIC |
Page 3 Defendant's Name:
Cause No.:
VI. VICTIM INFORMATION: If an offense report is attached, please respond to the questions pertaining to restitution only. If no offense report is attached, please answer all questions in this section. If there were no direct victims or property loss associated with the offense, then skip the remaining questions in this section.
Victim(s) associated with offense: ________ yes ________ no If yes, # __________________________________________________________
Relationship to victim:______________________________________________________________________________________________
Victim(s) age at time of offense: ______________________________________________________________________ (Sex Offense only)
Type of injury suffered/property loss:__________________________________________________________________________________
Restitution: Amount Claimed: $ _____________________________________________________________________________________
Source of information: DISTRICT ATTORNEYS FILE/OFFENSE REPORT |
VII. SOCIAL HISTORY: Provide information regarding the defendants status.
A. HEALTH STATUS:
Has psychological evaluation of the defendant been prepared? ________yes ________ no If yes, attach.
Has the defendant ever been treated at a psychiatric hospital ________yes ________ no If yes, location : __________________
Has the defendant ever been treated at an MHMR facility? ________yes ________ no If yes, location : __________________
Does the defendant presently have a physical or medical or mental impairment? ________yes ________ no
If yes specify:____________________________________________________________________________________________________
Is the defendant currently taking any medications, including psychotropic? ________yes ________ no
If yes please list:__________________________________________________________________________________________________
Has the defendant ever attempted suicide? ________yes ________ no If yes date of last attempt:_________________
B. EDUCATIONAL STATUS: _____________________ Highest grade completed:
High school diploma: ________ yes ________ no Special classes: ________ yes ________ no
GED: ________ yes ________ no Some College: ________ yes ________ no
Vocational training: ________ yes ________ no College graduate: ________ yes ________ no
Type: ___________________________________ Job Skills:_________________________________
Provide information regarding any educational/psychological test(s) administered and the results:
Test: _______________________________ Results: ______________________________
_______________________________ ______________________________
_______________________________ ______________________________
_______________________________ ______________________________
Principal Language: _____________________________________ Secondary Language: ______________________________________
Does the defendant appear to be literate? ________ yes ________ no _______ yes ________ no
Source of information: INTERVIEW |
Page 4 Defendant's Name:
Cause No.:
C. EMPLOYMENT STATUS: ________ Employed ________ Unemployed
If Unemployed ___________________ length; Amount of Income ___________________________
Source of Income ____________________________
Answer the following:
Current Employer:
Name: |
Job Type: |
Address: |
Status: |
|
Date of employment: |
Phone # |
Amount of Income: |
Reason for leaving ______________________________________________________________________________________
Is the defendant paying child support? ________ Yes ________ No
Source of information: INTERVIEW |
VIII. SUBSTANCE ABUSE: Provide information regarding the defendant's reported use of drugs. Indicate the type and frequency of drug(s) used by placing an "X" in the appropriate space.
Daily |
Weekly |
Monthly |
Occasionally |
Age first Used |
Date Last Used |
Denied Use |
||
01 |
Alcohol/Beer |
|||||||
How many drinks – shots or beers, do you have in one sitting? |
1-4 drinks |
5-8 |
9 or more |
|||||
02 |
Cocaine |
|||||||
03 |
Crack |
|||||||
04 |
Heroin |
|||||||
05 |
Marijuana |
|||||||
06 |
Amphet/Methamphetamines |
|||||||
07 |
LSD |
|||||||
08 |
PCP |
|||||||
09 |
Inhalants |
|||||||
10 |
Other Drugs: |
|||||||
Substance Abuse screening/evaluation (SASSI, ASI, etc): ________ Yes ________ No
If yes, tool and score:
Were any of the drugs noted above taken intravenously?: ________ Yes ________ No
Indicate the type and number of incidents of drug counseling or treatment received:
________ DWI education ________ AA/NA, etc.
________ Individual counseling ________ Drug education classes
________ Out-patient group counseling ________ Residential treatment
Was the defendant under the influence of drugs or alcohol at the time the offense was committed?: ________ Yes ________ No
Did the defendant commit the offense in order to obtain funds for the purchase of drugs or alcohol? ________ Yes ________ No
Source of information: INTERVIEW/JAIL RECORDS |
Page 5 Defendant's Name:
Cause No.:
IX. SUPERVISION PLAN: The programs/supervision types identified by an "X" are available to the courts for this individual. The department may attach its individual plan if the items outlined below are addressed.
PROGRAMS COMMUNITY SUPERVISION TYPES
Alcohol/Drugs Education |
Pretrial Intervention/Supervision |
||
Alcohol/Drug Treatment |
Deferred Adjudication |
||
Alcohol/Drug Evaluation |
Regular Community Supervision |
||
Urinalysis |
DWI Community Supervision |
||
Adult Basic Education (ABE) |
Shock Community Supervision |
||
GED |
State Jail Felony |
||
English as a second Language ESL |
X |
All Program Available |
|
Community Service Restitution (CSR) |
|||
DWI School/Drug School |
|||
Victim Impact Panel |
|||
Vocational Intervention Program |
|||
Life Skills Training |
|||
Intensive Supervision Program |
|||
Electronic Monitoring |
|||
CCF |
|||
Restitution of $ |
|||
Specialized Caseload; (specify type) |
|||
Surveillance |
|||
Employment |
|||
Jail |
|||
Sex Offender Counseling |
|||
Other; (specify) |
|||
Legal Requirements:
Ignition Interlock (per T.C.C.P. Article 42.12, Section 13(i) |
|
Sex Offender Registration (per T.C.C.P. Article 42.12, Section 11e) |
Respectfully Submitted,
Supervision Officer Date |
Telephone |
Assisting Date |
Page 6 Defendant's Name:
Cause No.:
X. NARRATIVE (Optional) A. EVALUATION/SUMMATION: B. RECOMMENDED TREATMENT PLAN:
|
STATE JAIL ONLY
SJF:�
(SJ UP FRONT)�
�
Cumulative with ID sentence? ______________
Concurrent with ID sentence? _______________
Special Medical Needs: ____________________
Release Type
Status In Jail
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