The document discusses New Jersey's process for conducting presentence investigations and reports for criminal sentencing. It provides details on:
1) What a presentence report includes, such as criminal history, employment, family support, medical/mental health evaluations, and a recommendation for probation or incarceration.
2) That judges are not required to follow the recommendation but will consider the investigating officer's opinion.
3) The statute governing presentence reports and the information they must contain, such as victim impact statements.
The document discusses New Jersey's process for conducting presentence investigations and reports for criminal sentencing. It provides details on:
1) What a presentence report includes, such as criminal history, employment, family support, medical/mental health evaluations, and a recommendation for probation or incarceration.
2) That judges are not required to follow the recommendation but will consider the investigating officer's opinion.
3) The statute governing presentence reports and the information they must contain, such as victim impact statements.
The document discusses New Jersey's process for conducting presentence investigations and reports for criminal sentencing. It provides details on:
1) What a presentence report includes, such as criminal history, employment, family support, medical/mental health evaluations, and a recommendation for probation or incarceration.
2) That judges are not required to follow the recommendation but will consider the investigating officer's opinion.
3) The statute governing presentence reports and the information they must contain, such as victim impact statements.
Although the offense someone is charged with plays the biggest role in the judges determination of your sentence, there are numerous other factors to be considered. The majority of the information used in determining what type of sentence is appropriate for you is found in a Presentence Report. A presentence report is an investigative report provided to the judge that includes a wide array of information. The presentence investigation is typically done by a probation officer and may include the following: Criminal History mployment !amily support Alcohol"#rug history $ental health evaluation $edical history %ersonal habits !inance history Ref: NJ 2C:44-6 Arguably the most important piece of information on the presentence report is the court investigating officers recommendation. The officer will ma&e their recommendation on the belief on the li&elihood of your success on probation or whether they believe you would be best served by incarceration. The judge is not re'uired to follow the recommendation of the presentence report, though they will li&ely give the investigating officers professional opinion some consideration. The following is the statute dealing with pre(sentence reports 2C:44-6 Procedure on sentence presentence in!estigation and report. a. The court shall not impose sentence without first ordering a presentence investigation of the defendant and according due consideration to a written report of such investigation when re'uired by the )ules of Court. The court may order a presentence investigation in any other case. b. The presentence investigation shall include an analysis of the circumstances attending the commission of the offense, the defendant*s history of delin'uency or criminality, family situation, financial resources, including whether or not the defendant is an enrollee or covered person under a health insurance contract, policy or plan, debts, including any amount owed for a fine, assessment or restitution ordered in accordance with the provisions of Title +C, any obligation of child support including any child support delin'uencies, employment history, personal habits, the disposition of any charge made against any codefendants, the defendant*s history of civil commitment, any disposition which arose out of charges suspended pursuant to ,.-...+C:/(0 including the records of the disposition of those charges and any ac'uittal by reason of insanity pursuant to ,.-...+C:/(1, and any other matters that the probation officer deems relevant or the court directs to be included. The defendant shall disclose any information concerning any history of civil commitment. The report shall also include a medical history of the defendant and a complete psychological evaluation of the defendant in any case in which the defendant is being sentenced for a first or second degree crime involving violence and: 213 the defendant has a prior ac'uittal by reason of insanity pursuant to ,.-...+C:/(1 or had charges suspended pursuant to ,.-...+C:/(04 or 2+3 the defendant has a prior conviction for murder pursuant to ,.-...+C:11(5, aggravated se6ual assault or se6ual assault pursuant to ,.-...+C:1/(+, &idnapping pursuant to ,.-...+C:15(1, endangering the welfare of a child which would constitute a crime of the second degree pursuant to ,.-...+C:+/(/, or stal&ing which would constitute a crime of the third degree pursuant to section 1 of %.7.188+, c.+98 2C.+C:1+(1934 or 253 the defendant has a prior diagnosis of psychosis. The court, in its discretion and considering all the appropriate circumstances, may waive the medical history and psychological e6amination in any case in which a term of imprisonment including a period of parole ineligibility is imposed. :n any case involving a conviction of ,.-...+C:+/(/, endangering the welfare of a child4 ,.-...+C:1;(5, criminal trespass, where the trespass was committed in a school building or on school property4 section 1 of %.7.1885, c.+81 2C.+C:15(03, attempting to lure or entice a child with purpose to commit a criminal offense4 section 1 of %.7.188+, c.+98 2C.+C:1+(193, stal&ing4 or ,.-...+C:15(1, &idnapping, where the victim of the offense is a child under the age of 1;, the investigation shall include a report on the defendant*s mental condition. The presentence investigation shall also include information regarding the defendant*s history of substance abuse and substance abuse treatment, if any, including whether the defendant has sought treatment in the past. :f any of the factors listed in subsection b. of section 1 of %.7.+91+, c.+5 2C.+C:5<(1/.13 apply, the presentence report shall also include consideration of whether the defendant may be a drug dependent person as defined in ,.-...+C:5<(+. The presentence investigation shall include an analysis of whether the defendant should be re'uired to submit to a professional diagnostic assessment within the meaning of paragraph 213 of subsection a. of ,.-...+C:5<(1/ in any case where: the defendant may be a drug dependent person as defined in ,.-...+C:5<(+4 the defendant is eligible to be considered for a sentence to special probation pursuant to ,.-...+C:5<(1/4 and the court has not already ordered the defendant to submit to any such diagnostic assessment in regard to the pending matter. The presentence report shall also include a report on any compensation paid by the =ictims of Crime Compensation Agency as a result of the commission of the offense and, in any case where the victim chooses to provide one, a statement by the victim of the offense for which the defendant is being sentenced. The statement may include the nature and e6tent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the e6tent of any loss to include loss of earnings or ability to wor& suffered by the victim and the effect of the crime upon the victim*s family. The probation department shall notify the victim or nearest relative of a homicide victim of his right to ma&e a statement for inclusion in the presentence report if the victim or relative so desires. Any such statement shall be made within +9 days of notification by the probation department. The presentence report shall specifically include an assessment of the gravity and seriousness of harm inflicted on the victim, including whether or not the defendant &new or reasonably should have &nown that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, disability, ill(health, or e6treme youth, or was for any other reason substantially incapable of e6ercising normal physical or mental power of resistance. c. :f, after the presentence investigation, the court desires additional information concerning an offender convicted of an offense before imposing sentence, it may order any additional psychological or medical testing of the defendant. d. #isclosure of any presentence investigation report or psychiatric e6amination report shall be in accordance with law and the )ules of Court, e6cept that information concerning the defendant*s financial resources shall be made available upon re'uest to the =ictims of Crime Compensation Agency or to any officer authori>ed under the provisions of section 5 of %.7.18?8, c.580 2C.+C:/0(/3 to collect payment on an assessment, restitution or fine and that information concerning the defendant*s coverage under any health insurance contract, policy or plan shall be made available, as appropriate to the Commissioner of Corrections and to the chief administrative officer of a county jail in accordance with the provisions of %.7.188<, c.+</ 2C.59:?(1 et al.3. e. The court shall not impose a sentence of imprisonment for an e6tended term unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to him of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue. Rule ":2#-2. Presentence Procedure $a% In!estigation. @efore the imposition of a sentence or the granting of probation court support staff shall ma&e a presentence investigation in accordance with ,.-...A. +C://(0 and report to the court. The report shall contain all presentence material having any bearing whatever on the sentence and shall be furnished to the defendant and the prosecutor. An counts on which the death penalty is to be imposed, a presentence report shall not be prepared. $&% '(amination. After the presentence investigation and before imposing sentence, the court may order, pursuant to ,.-...A. +C://(0c, a physical or mental e6amination of the defendant provided that the defendant may not be committed to an institution for the purpose of that e6amination. The e6amination report shall be furnished to the defendant and the prosecuting attorney.
Ga Bar Compliant Against Alan Lowe in Withholding of Documents in The Civil Case and Violation of My Rights To A Speedy Trial in The Illegal Arrest by The Pooler PD
O Centro Espirita Beneficiente Uniao De Vegetal, Also Known as Uniao Do Vegetal (Usa), Inc., a New Mexico Corporation on Its Own Behalf and on Behalf of All of Its Members in the United States Jeffrey Bronfman, Individually and as Vice-President of Udv-Usa Daniel Tucker, Individually and as Vice-President of Udv-Usa Christina Barreto, Individually and as Secretary of Udv-Usa Fernando Barreto, Individually and as Treasurer of Udv-Usa Christine Berman, Mitchel Berman, Jussara De Almeida Dias, Also Known as Jussara Almeida Dias, Patricia Domingo, David Lenderts, David Martin, Maria Eugenia Pelaez, Bryan Rea, Don St. John, Carmen Tucker, and Solar Law, Individually and as Members of Udv-Usa v. John Ashcroft, Attorney General of the United States Asa Hutchinson, Administrator of the United States Drug Enforcement Administration Paul H. O'neill, Secretary of the Department of Treasury of the United States David C. Iglesias, United States Attorney for the District of New Mexico David F. Fry,