Sentencing — presentence investigations

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Wisconsin Supreme Court

Criminal

Sentencing — presentence investigations

Courts do not have either express or implied statutory authority to order the destruction of PSIs.

“The PSI statute, the Wisconsin Administrative Code, and Wisconsin Supreme Court Rules on record retention implicate principles of preservation and confidentiality, not destruction. We also conclude that courts lack the inherent authority to order the destruction of PSIs on the facts before us or on any of the arguments Melton has made because such power is not necessary to a court’s efficient and effective administration of justice. A court has adequate means of dealing with errors, omissions, or prejudicial material in a PSI without physically destroying the disputed report. A court can strike objected-to portions of a PSI and make a record that the court will not use the objected-to information. In unusual cases, a court can order that a corrected PSI be prepared, and it can seal and clearly label the superseded report.”

Reversed.

2011AP1770-CR & 2011AP1771-CR State v. Melton

Prosser, J.

Attorneys: For Appellant: Gaertner, Kevin Michael, Milwaukee; For Respondent: Schimel, Brad, Waukesha; Wittwer, Jacob J., Madison