The law covering presentence investigations in Oklahoma changed on November 1, 2017. A presentence investigation in Oklahoma is something that’s done after a defendant pleads guilty to a felony. It’s supposed to help the judge determine an appropriate sentence. A presentence investigation is also referred to as a PSI.
The information obtained from the presentence investigation includes:
- A voluntary statement from each victim of the offense concerning the nature of the offense and the impact of the offense on the victim and the immediate family of the victim;
- The amount of the loss suffered or incurred by the victim as a result of the criminal conduct of the offender
- The age, marital status, living arrangements, financial obligations, income, family history. and education of the defendant;
- Defendant’s prior juvenile and criminal records;
- Defendant’s associations with other persons convicted of a felony offense;
- Defendant’s social history;
- Indications of a predisposition to violence or substance abuse;
- Remorse or guilt about the offense or the harm to the victim; and
- Job skills and employment history of the defendant.
HB 1324 made the following changes to 22 O.S. § 982:
- It is now optional for the judge to require a defendant convicted of a violent felony offense to undergo a presentence investigation administered by the Department of Corrections.
- The new maximum amount the Department of Corrections can charge for a presentence investigation is $500 (up from $250).
- For defendants convicted of nonviolent offenses, a judge may order a presentence investigation be conducted by “a private provider or someone designated by the court.” The defendant in this situation must have a prior felony conviction. The maximum fee for this presentence investigation is $500.
The main effect this change in law has is the increased cost for a presentence investigation. Since the maximum fee is $500, you can be assured that anyone conducting this investigation will charge exactly $500. The other big impact this change will have is on nonviolent offenders, as they will most likely have to get an investigation through a private provider.
If you’ve been charged with a crime in Oklahoma,