WV Supreme Court Mandates Presentence Investigation Report (PSI) for Sentencing, Even After Defendant Skips Bail

CLARKSBURG, W.Va. — The West Virginia Supreme Court of Appeals this week unanimously emphasized the critical importance of a presentence investigation report (PSI) during sentencing, ruling that the right to the report is not forfeited even if a defendant skips bail.

The justices ruled that a sex offender who absconded while awaiting sentencing for a repeat offense of failure to register did not relinquish his right to a PSI. Instead, the offender only waived his right to participate in the report's creation, meaning a probation officer must still complete the report, according to the opinion authored by Justice Charles S. Trump IV.

The opinion clarified two key points in law regarding sentencing procedures:

First, the justices reiterated that a presentence investigation is not required