93. What Can I Learn from Problematic Presentence Investigation Reports‪?‬ Prison Professors

In the previous chapter we discussed the structure of PSR reports and how a Statement of Reasons can help some people overcome problematic PSRs. Probation officers prepare the PSR specifically for the sentencing judge. But the PSR follows the person all the way through the journey.
In fact, our team would argue that the PSR has a bigger influence after the sentence is imposed. After all, a judge likely knows a great deal about the case. If a defendant engineered an effective sentence-mitigation strategy, as we described in chapter six of this program, the judge will also know a great deal about the person and the influences that led him into the problem. Further, an attorney will likely be there to advocate on the person’s behalf.
After the judge imposes the sentence, on the other hand, the defendant will not have an attorney. He will need to advocate on his own behalf. And the PSR will be an essential tool. If the person worked intelligently by engineering an effective sentence-mitigation strategy, he may succeed in getting a more favorable journey through prison. On the other hand, if the PSR is inaccurate, the person may have a harder time overcoming hurdles in prison—when a defense attorney will not be available to help.
For these reasons, we encourage people to review the PSR carefully.  Again, this is a critical responsibility. Some factors the offender must especially be concerned about include whether the PSR inaccurately reflects that the offender was a "leader" in the criminal offense.
Any reference to the word "leader" or "organizer" may result in the offender being treated more severely by prison administrators.  If the PSR suggests or identifies the offender as being a leader, and the offender believes such an accusation to be inappropriate, then it is in his best interest to address this problem. Impress upon the attorney to work to correct the inaccuracy in the PSR.
Rather than ordering the probation officer to amend the PSR, the judge may correct the inaccuracy on the Statement of Reasons. Prison officials cannot ignore the Statement of Reasons. And a person in prison may be able to rely upon the statement to clear matters up through administrative remedy—which we describe in a later chapter.
Drug Offenders:
Drug offenders should review the quantity of drugs the PSR attributes to them. Frequently, people played relatively minor roles in drug distribution networks, but the PSR may insinuate greater responsibility. If it suggests that the offender was responsible for all the drugs involved in a large conspiracy, prison officials may take the conservative approach and classify him more harshly.
If the PSR suggests a person is responsible for large quantities of drugs, he may be sent to a higher-security prison. He may be ineligible for camp placement. When it comes time for halfway house or home confinement, administrators may deny him. For these reasons, people should do their best to get a PSR that accurately reflects culpability. And if the probation officer will not make the adjustment, the prisoner should work with counsel to get specific language in the Statement of Reasons at sentencing.
Violence in PSR:
Besides leadership roles and high drug quantities, we’ve seen other significant problems with inaccurate PSR reports. For example, if the PSR alludes to violence, use of weapons, or ties to organized crime, prison officials will classify the person more harshly.
We’ve heard of attorneys that mislead their clients. They diminish the relevance of the PSR, saying the judge already knows what he is going to do. Such advice may reflect the attorney's eagerness to conclude his representation in the case and move on to new matters. A judge may have an idea of the sentence that he is going to impose, but the PSR has more lasting ramifications on a person going to prison.
An inaccurate PSR report may result in a prisoner serving his sentence in a harsher environment and it may deprive hi