The Presentence Investigation (PSI) in Minnesota: What It Is and How to Prepare

What a PSI Is and When It's Required

Under Minn. Stat. § 609.115, the court's obligation depends on the level of the offense:

• For a felony, the court must order a PSI before sentencing;
• For a gross misdemeanor, the court may order one — and must if the prosecutor requests it;
• For a misdemeanor, the court may order one, and the report may even be oral.

The investigation is conducted by a probation officer of the court (or, where there isn't one, by the Commissioner of Corrections).

What Goes Into the Report

By statute, the PSI examines the defendant's "individual characteristics, circumstances, needs, potentialities, criminal record and social history, the circumstances of the offense and the harm caused by it." In practice, a Minnesota PSI typically includes:

• The offense as described in the police reports;
• Your criminal record and a completed Sentencing Guidelines worksheet (required in felony cases to calculate the presumptive sentence);
• Your background — family, education, employment, health, and mental health;
• A chemical use assessment where the officer determines alcohol or drugs contributed to the offense;
• The victim's information and any impact statement, plus restitution;
• Often, a sentencing recommendation and recommended conditions.

A recent change worth knowing: effective August 1, 2025, Minnesota law was amended so that PSIs must include information about a defendant's experience of domestic abuse, sexual assault, or sex trafficking — recognizing that a history of victimization can be a mitigating factor at sentencing.

Why the PSI Matters So Much

The judge leans heavily on the PSI. Its Guidelines worksheet sets the presumptive sentence, its narrative shapes how the court sees the offense, and its recommendation carries weight. A PSI that goes unchallenged can effectively define the sentencing landscape.

What this means for you: Most importantly, the PSI is your opportunity to present mitigation — the context, circumstances, and steps toward rehabilitation that can move a judge toward a lesser sentence or a departure. Where a judge has broad sentencing authority, a strong PSI presentation can be the difference between prison and going home. This is not a stage to approach passively.

The Presentence Interview

A central part of the PSI is the interview with the probation officer. What you say can end up in the report and influence the judge. This makes preparation essential — understanding what will be asked, what's helpful to convey, and what carries risk. Having your attorney involved in how you approach the interview can materially affect the outcome.

Reviewing and Challenging the PSI

Under Minn. R. Crim. P. 27.03, the PSI (and the Guidelines worksheet) must be provided to both parties before sentencing. If you disagree with something in it — a factual error, an overstated criminal history, an unfair characterization — you are not stuck with it. Either party may move for a sentencing hearing to contest disputed matters, generally filed at least eight days before the hearing (with accommodation if the PSI arrives late). At the hearing, the court resolves the disputed issues.

You can also request a summary hearing in chambers on contested matters under the statute. The key point: errors in a PSI can and should be challenged, but doing so requires prompt, specific action within the rules' timing.

Key Terms

• PSI: Presentence investigation — the probation officer's pre-sentencing report to the court.
• Sentencing worksheet: The Guidelines calculation required in felony cases.
• Mitigation: Favorable context and circumstances presented to reduce the sentence.
• Chemical use assessment: The substance-use evaluation included when relevant to the offense.
• Rule 27.03: The Minnesota rule governing sentencing procedure and PSI disputes.