Search Tips    
About  | Defendant  Locations Careers |  Links Contacts | Site Map | Home
 
  About Us:
 

        History

        Mission

        Functions and Powers

        Confidentiality

        Pretrial Report

        Supervision

        Diversion

Functions and Powers of Pretrial Services:


The functions and powers of pretrial services are set forth in 18 U.S.C. Section 3154. The legislative mandate requires pretrial services officers to:

  • Collect, verify, and report to the judicial officer, prior to the pretrial release hearing, information pertaining to the pretrial release of each individual charged with an offense...

  • An "offense" is defined as any federal felony or misdemeanor, other than a Class B or C misdemeanor (petty offense), or military offenses triable by a military court.

  • Pursuant to Administrative Office of the U.S. Courts, Probation and Pretrial Services Division memorandum of December 13, 1988, the office will not interview and investigate probation or parole violators for release purposes unless specifically directed to do so by the court.

  • Pretrial services officers must investigate all arrested criminal defendants as well as those defendants that appear pursuant to a summons on an agreement with the U.S. attorney, and report the results of the defendant interview and subsequent investigation to the court before the defendant's initial hearing and/or arraignment.

  • Officers are to review and modify the pretrial services reports and recommendations for detained defendants seeking release. This requires ongoing investigation and verification of defendant information.

  • Officers must supervise each defendant ordered released to the custody of the pretrial services office. If the court places a defendant on pretrial supervision, officers should establish a reporting schedule for office visits, conduct field work (e.g., home, employment, and collateral visits), perform drug screening, if necessary, and make appropriate referrals.

  • The pretrial services office is granted the authority to operate or contract for the operation of facilities for the custody (e.g., drug, alcohol, and mental health treatment) of released defendants. In most instances, the office will utilize existing contracts generated by the U.S. probation office or the Bureau of Prisons.

  • Officers must notify the U.S. attorney and the court of all apparent violations of release conditions (e.g., subsequent arrests, failure to comply with special conditions), report any previously unknown risk of danger, and recommend appropriate modification(s) of release conditions.

  • The pretrial services office serves as a coordinator of all eligible third-party custodians and should notify the court of their eligibility.

  • Officers may assist all released defendants to obtain employment, medical, legal, or social services where appropriate.

  • The pretrial services office must, in concert with the U.S. attorney and the U.S. marshals service, prepare detention reports on all pretrial detainees.

  • The pretrial services office will monitor and evaluate bail decisions and bail activities and report to the judicial officers the results of their release decisions. Other reports will be prepared for the court when appropriate.

  • The pretrial services office will establish, in concert with the U.S. attorney, a district-wide pretrial diversion program. This program will set forth the referral, investigation and supervision procedures for pre- and post-charge defendants selected for diversion consideration.

  • The pretrial services office is authorized to engage in contracts in order to carry out the functions of pretrial services, such as contracting for pretrial services work through private vendors.

  • The pretrial services office will perform any other such duties as deemed necessary by the court.

  • Officers may provide courtesy supervision and perform collateral investigations for other federal pretrial services offices as requested.



 
© 2003 www.vaept.uscourts.gov. All Rights Reserved.