| Confidentiality of Pretrial Services Information:
Title 18 U.S.C. Section 3153 and the regulations found
in the Guide to Judiciary Policies and Procedures,
Vol. XII, Ch. III defines the rules of confidentiality
that restrict the use of pretrial services information.
Information obtained during the performance of pretrial
services functions is confidential and shall be used
only for purposes of bail
determination. Information supplied
by the defendant during the course of the investigation
is not admissible on the issue of guilt and can only
be used against the defendant in the event of perjury
or false statements made in an attempt to obtain release,
and for failure to appear on the instant offense.
Pretrial services reports are submitted to the court
before the initial hearing and prior to subsequent hearings
where release or detention is considered. The
reports are available to the attorney for the government
and defense counsel at all proceedings that concern
release or detention. No other party (except the defendant)
shall have access to the reports (e.g., agents or the
U.S. marshals service). There are five exceptions to
the rules of confidentiality that permit release of
information to:
-
qualified persons for research purposes;
-
persons who are under contract to the pretrial
services office, such as treatment centers, counseling
services, and halfway houses;
-
probation officers for the purpose of preparing
presentence reports;
-
the U.S. attorney and the attorney for the accused
for pretrial diversion purposes;and
-
law enforcement agencies in limited cases for
law enforcement purposes (e.g., defendants who abscond).
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