6.9Presentence Investigation Report (PSIR)
A court must use a presentence investigation report (PSIR) when sentencing a defendant for a felony offense. MCL 771.14(1); People v Hemphill, 439 Mich 576, 579 (1992). Use of a PSIR in misdemeanor cases is discretionary. MCL 771.14(1).1 MCR 6.610(G)(1)(b) governs the procedures relevant to PSIRs in district court proceedings.2
“The presentence report . . . allows the court to make an informed judgment as to possibilities for rehabilitation, and to effectively utilize sentencing alternatives. The presentence report has been widely regarded as an effective method of supplying information essential to an informed sentencing decision.” People v Lee, 391 Mich 618, 635 (1974). See also Morales v Parole Bd, 260 Mich App 29, 45-46 (2003) (PSIR is a tool by which the sentencing court gathers information important to the court’s ability to fashion a sentence appropriate to the criminal and to the circumstances under which the crime was committed).
“The court must provide copies of the presentence report to the prosecutor, and the defendant’s lawyer, or the defendant if not represented by a lawyer, at a reasonable time, but not less than two business days, before the day of sentencing.” MCR 6.425(B) (felonies); see also MCR 6.610(G)(1)(b), which requires disclosure within the same time frame for misdemeanor cases where a PSIR has been prepared;3 MCL 771.14(7) (requiring disclosure of the PSIR and any amended PSIR). The prosecutor and defense counsel or the defendant, if he or she is not represented by an attorney, have the right to keep a copy of the report (and any amended report). MCR 6.425(B); MCR 6.610(G)(1)(b); MCL 771.14(7).
At the sentencing hearing, the court must determine that all parties (prosecutor, defendant, and defense attorney) have had an opportunity to read and discuss the PSIR. MCR 6.425(D)(1)(a).
“If the presentence report is not made available to the prosecutor and the defendant’s lawyer, or the defendant if not represented by a lawyer, at least two business days before the day of sentencing, the prosecutor and the defendant’s lawyer, or the defendant if not represented by a lawyer, shall be entitled, on oral motion, to an adjournment of the day of sentencing to enable the moving party to review the presentence report and to prepare any necessary corrections, additions, or deletions to present to the court.” MCR 6.425(B). See also MCR 6.610(G)(1)(b), which contains substantially similar requirements in misdemeanor cases where a PSIR has been prepared.
“On written request or order of the court, the Department of Corrections must provide the prosecutor, the defendant’s lawyer, or the defendant if not represented by a lawyer, with a copy of the report.” MCR 6.425(E). Further, “[o]n written request, the court must provide the prosecutor, the defendant’s lawyer, or the defendant if not represented by a lawyer, with copies of any documents that were presented for consideration at sentencing, including the court’s initial copy of the presentence report if corrections were made after sentencing.” Id. “If the court exempts or orders the exemption of any information from disclosure, it must follow the exemption requirements of [MCR 6.425(B)].” MCR 6.425(E).4
B.Information Exempt from Disclosure
“The court may exempt from disclosure information or diagnostic opinion that might seriously disrupt a program of rehabilitation and sources of information that have been obtained on a promise of confidentiality. When part of the report is not disclosed, the court must inform the parties that information has not been disclosed and state on the record the reasons for nondisclosure. To the extent it can do so without defeating the purpose of nondisclosure, the court also must provide the parties with a written or oral summary of the nondisclosed information and give them an opportunity to comment on it. The court must have the information exempted from disclosure specifically noted in the report. The court’s decision to exempt part of the report from disclosure is subject to appellate review.” MCR 6.425(B). See also MCL 771.14(3) (imposing similar requirements).
Note that MCR 6.610(G)(1)(b) prohibits the inclusion of certain identifying information in a PSIR prepared for a misdemeanor case.5
1 But see MCR 6.008(E), which provides:
“As part of a concurrent jurisdiction plan, the circuit court and district court may enter into an agreement for district court probation officers to prepare the [PSIR] and supervise on probation defendants who either plead guilty to, or are found guilty of, a misdemeanor in circuit court[ following bindover on a felony charge]. The case remains under the jurisdiction of the circuit court.”
It is unclear whether a PSIR is required when a defendant who was bound over to circuit court on a felony charge is instead convicted of, or pleads guilty to, a misdemeanor. For discussion of bindover, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 1, Chapter 7.
2 See Section 6.7(B) for more information on the requirements of MCR 6.610(G).
3 See Section 6.7(B) for more information on the procedures related to district court sentencing.
4 “Regardless of the sentence imposed, the Department of Corrections must retain the presentence report reflecting any corrections ordered under [MCR 6.425(D)(2)].” MCR 6.425(E).
5 See Section 6.7(B) for more information on the procedures related to district court sentencing.