Local Rule RULE 57.2: CONFIDENTIAL PROBATION RECORDS

RULE 57.2 CONFIDENTIAL PROBATION RECORDS

(A) Any person seeking release of any confidential records maintained by the U.S. Probation Office, including presentence and supervision records, must file a written request with the court for such records, which establishes with particularity the need for specific information in the records.

(B) Whenever a probation officer is subpoenaed to provide confidential information, he or she will apply to the presiding judge in writing for authority to release such information or provide testimony with regard to any confidential information. No disclosure will be made except upon an order issued by the presiding judge.

(1) In all criminal cases in which sentence is not imposed under the Sentencing Reform Act of 1984, 18 U.S.C. § 3551, et seq., when the presentence report has been requested by a reviewing court in connection with the appeal of a criminal conviction or sentence, the report must be sent to the reviewing court by the United States Probation Office by registered mail. The presentence report must be accompanied by a written request that the report be returned to the submitting office when it has served the court's purpose; that it be opened and examined in camera only, and that it not be made a part of the public record.

(2) In all criminal cases in which sentence is imposed under the provisions of the Sentencing Reform Act of 1984, 18 U.S.C. § 3551, et seq., the presentence report must be made a part of the official court record. The original report, including the recommendation to the court, must be placed under seal in the record. In the event of an appeal, the report and recommendation must be sent to the reviewing court under separate seal.

(3) A copy of the presentence report must be made available to appellate counsel on request, under the same terms and conditions as apply to use of the report by counsel in the trial court.