TITLE: Development Of Recommendation
Sentencing recommendations for Presentence Investigations are District recommendations, not the personal Investigator's recommendations, and therefore require supervisory approval. In developing a recommendation, all factors related to the defendant, the criminal offense, and the safety of the community shall be considered.
- Recommendations shall be developed after the investigation has been conducted, and all information gathered and verified. The nature of the offense and the safety of the community shall be considered. An assessment shall be made of the capabilities and needs of the defendant. Consideration shall be given to the ability of the District to use its own resources and/or community resources/referrals to assist the defendant in successfully completing any type of supervision or treatment deemed necessary to ensure future law-abiding behavior. Should the District or community resources appear to be unable to provide needed assistance, resources outside the community corrections sphere shall be carefully examined and, as necessary, incarceration or other legal alternatives shall be recommended.
- The recommendation shall be in compliance with the Code of Iowa.
- No recommendation shall be made to place a Defendant on a self-probation.
- The recommendation shall consist of a brief statement of the specific District recommendation. As necessary and appropriate, portions of the correctional plan that might need to be specifically addressed in the Court Order shall be restated.
- Should the Presentence Investigator assigned to prepare the report become aware during the investigation that a plea bargain has occurred in the case, the investigator shall address the plea bargain and the agreement/disagreement of the District with it in an appropriate section of the Presentence Investigation Report. Example: Post Arrest Data, Defendant's Attitude/Harm to the Community, Program Planning, etc.
- Some offenses require special considerations/recommendations:
- Operating While Intoxicated (OWI)-Second or Subsequent Offense.
Upon assignment of a Presentence Investigation for an OWI-Second or Subsequent Offense, consideration shall be given for a recommendation to the OWI Program under Code of Iowa Sections 321J.2 and 904.513. (See the State Work Release & OWI Manual).
- If, during the investigation, a recommendation for placement in the OWI Program appears appropriate, the Presentence Investigator shall complete an OWI Program Worksheet in ICON to determine the placement decision, such as full-term prison, short-term incarceration followed by Residential OWI Program, or direct placement in a Residential OWI Program.
- The recommendation shall suggest sentencing language to the Court:
- The Defendant shall be sentenced to the custody of the Director of the Iowa Department of Corrections, with placement to be determined by the Department of Corrections.
- For sexual offenses, information relating to the defendant's sexual history shall be included in the Presentence Investigation Report for documentation and/or justification of the recommendation. Recommendations for incarceration shall include placement in an institutional Sex Offender Treatment Program. Recommendations for supervision by the District shall include a referral to the District's Sex Offender Treatment Program.
- No recommendation shall be made for a pre-plea Presentence Investigation Report. The Presentence Investigator has the discretion whether or not to make a recommendation on a post-sentence report.
- The Presentence Investigator shall complete the Reconsideration form in ICON upon a recommendation of incarceration per ICON Business Rules.
- Residential Facility Recommendation.
- If a recommendation is made for placement at a Residential Facility, in cases that involve disability and/or mental illness, the prior approval of the Residential Manager is needed. This will help safeguard inappropriate placement at the Residential Facility.
- Recommendations to a Residential Facility should also indicate expected services that will be provided to the offender by said facility.