Legal Unsigned PSI Form

LEGAL UNSIGNED PSI FORM

This Pre-Sentence Investigation Report Access and Acknowledgment Agreement (the "Agreement") is entered into by and between Client Name: and Probation Agency / Department Name: . Case Number: . Effective Date: .

RECITALS

WHEREAS, Agency prepares a Pre-Sentence Investigation report (the "PSI Report") that may contain factual findings, sentencing recommendations, and other information relevant to the sentencing process; and

WHEREAS, Client seeks authorized access to a copy or excerpt of the PSI Report for the limited purpose of preparing sentencing submissions, counsel review, or challenge of factual statements; and

WHEREAS, the parties intend to set forth the terms and conditions under which access is granted, the permissible uses of the PSI Report, and the obligations of each party with respect to confidentiality, retention, and challenge procedures.

NOW, THEREFORE, in consideration of the mutual covenants set forth below, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below: "PSI Report" means the pre-sentence investigation document prepared by Agency in connection with the Case Number identified above; "Authorized Recipient" means Client, Client's retained counsel identified below, and any court or tribunal as required by law.

2. AUTHORIZATION TO ACCESS

Agency hereby authorizes Client and the Authorized Recipient(s) to review and obtain one copy of the PSI Report subject to the restrictions set forth in this Agreement. The scope of documents subject to access is limited to:

3. CONFIDENTIALITY AND PERMITTED USE

The PSI Report and any copies, excerpts, or summaries thereof are confidential and must be used solely for the purposes of preparing sentencing submissions, legal defense, or filing permissible objections with the court. Client and Authorized Recipient(s) shall not disclose the PSI Report or its contents to third parties except to retained counsel, experts retained to assist in sentencing, and the court, and then only under appropriate protective measures.

Client and Authorized Recipient(s) shall implement and maintain reasonable administrative, technical and physical safeguards to prevent unauthorized disclosure, and shall notify Agency in writing within five (5) business days upon learning of any unauthorized disclosure or breach.

4. REVIEW PROCEDURE AND OBJECTIONS

Client or counsel may submit proposed factual corrections or objections in writing to Agency within days of receipt of the PSI Report. Agency will review objections in accordance with its internal procedures and will advise Client in writing of any disposition. Submission of objections does not stay any deadlines imposed by the court unless expressly ordered by the court.

5. LIMITATIONS, REPRESENTATIONS AND WARRANTIES

Client acknowledges that Agency prepares the PSI Report based on available information and that Agency makes no warranties as to completeness or accuracy. Agency does not waive any privileges, sources, or investigative techniques by providing access. Client represents that the Authorized Recipient(s) will comply with this Agreement and applicable law.

6. RETURN, DESTRUCTION AND RECORDKEEPING

All physical or electronic copies of the PSI Report shall be returned to Agency or destroyed within days after the final sentencing or upon written request of Agency. If destruction is performed, Authorized Recipient(s) shall provide a written certification of destruction to Agency upon request.

7. INDEMNIFICATION; LIMITATION OF LIABILITY

Client shall indemnify, defend and hold harmless Agency from and against any claims, losses, liabilities, costs, or damages (including reasonable attorneys' fees) arising from unauthorized disclosure or misuse of the PSI Report by Client or Authorized Recipient(s). Except for willful misconduct or gross negligence, neither party shall be liable to the other for consequential, punitive, or incidental damages.

8. INJUNCTIVE RELIEF

Both parties agree that monetary damages may be inadequate to remedy a breach of confidentiality obligations and that Agency shall be entitled to seek injunctive relief, specific performance, or other equitable remedies in addition to any other available remedies at law or equity.

9. NOTICES

All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below (or to such other address as a party may designate by notice given in accordance with this Section).

10. AMENDMENTS; WAIVER; COUNTERPARTS

Any amendment to this Agreement must be in writing and signed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party. This Agreement may be executed in counterparts, each of which shall be deemed an original, and execution by electronic signature or scanned signature shall be binding.

11. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of law principles. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to access to the PSI Report and supersedes all prior or contemporaneous oral or written agreements.

12. SIGNATORY AUTHORITY

Each individual signing below represents and warrants that they have the authority to bind the party on whose behalf they sign.

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