eLaws of Florida

  SECTION 948.015. Presentence investigation reports.  


Latest version.
  • 1The circuit court, when the defendant in a criminal case has been found guilty or has entered a plea of nolo contendere or guilty and has a lowest permissible sentence under the Criminal Punishment Code of any nonstate prison sanction, may refer the case to the department for investigation or recommendation. Upon such referral, the department shall make the following report in writing at a time specified by the court prior to sentencing. The full report shall include:
    79(1) 80A complete description of the situation surrounding the criminal activity with which the offender has been charged, including a synopsis of the trial transcript, if one has been made; nature of the plea agreement, including the number of counts waived, the pleas agreed upon, the sentence agreed upon, and any additional terms of agreement; and, at the offender’s discretion, his or her version and explanation of the criminal activity.
    149(2) 150The offender’s sentencing status, including whether the offender is a first offender, a habitual or violent offender, a youthful offender, or is currently on probation.
    175(3) 176The offender’s prior record of arrests and convictions.
    184(4) 185The offender’s educational background.
    189(5) 190The offender’s employment background, including any military record, present employment status, and occupational capabilities.
    204(6) 205The offender’s financial status, including total monthly income and estimated total debts.
    217(7) 218The social history of the offender, including his or her family relationships, marital status, interests, and activities.
    235(8) 236The residence history of the offender.
    242(9) 243The offender’s medical history and, as appropriate, a psychological or psychiatric evaluation.
    255(10) 256Information about the environments to which the offender might return or to which the offender could be sent should a sentence of nonincarceration or community supervision be imposed by the court, and consideration of the offender’s plan concerning employment supervision and treatment.
    298(11) 299Information about any resources available to assist the offender, such as:
    310(a) 311Treatment centers.
    313(b) 314Residential facilities.
    316(c) 317Career training programs.
    320(d) 321Special education programs.
    324(e) 325Services that may preclude or supplement commitment to the department.
    335(12) 336The views of the person preparing the report as to the offender’s motivations and ambitions and an assessment of the offender’s explanations for his or her criminal activity.
    364(13) 365An explanation of the offender’s criminal record, if any, including his or her version and explanation of any previous offenses.
    385(14) 386A statement regarding the extent of any victim’s loss or injury.
    397(15) 398A recommendation as to disposition by the court. The department shall make a written determination as to the reasons for its recommendation, and shall include an evaluation of the following factors:
    429(a) 430The appropriateness or inappropriateness of community facilities, programs, or services for treatment or supervision for the offender.
    447(b) 448The ability or inability of the department to provide an adequate level of supervision for the offender in the community and a statement of what constitutes an adequate level of supervision.
    479(c) 480The existence of other treatment modalities which the offender could use but which do not exist at present in the community.
History.-s. 3, ch. 91-280; s. 1684, ch. 97-102; s. 33, ch. 97-194; s. 18, ch. 98-204; s. 64, ch. 2004-357.

Bills Cite this Section:

None

Implemented Rule (1):

Cited by Court Cases:

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