Local Rule CR 32.1: Presentence Reports
D. Mont. — Criminal rule
CR 32.1 Presentence Reports
(a) Electronic Filing.
(1) The probation office shall provide to the clerk for filing under seal in the electronic record the final presentence report as transmitted to the parties and the court before sentencing.
(2) Unless the sentencing judge adopts the final presentence report in full, the judge's rulings and determinations under Fed. R. Crim. P. 32(i)(3)(B) and any other changes to the guideline calculation must be set forth in the Statement of Reasons or, if the judge so orders, in the certified sentencing transcript or an excerpt of it.
(b) Delivery to Bureau of Prisons. The probation office must ensure that the Bureau of Prisons receives both the pre-sentencing version of the presentence report and any rulings, determinations, or changes made by the sentencing judge.
(c) Recommendation. The probation officer shall not disclose to anyone other than the court the officer's recommendation on the sentence.
(d) Reciprocal Arrangements with State and County Probation and Parole. The United States Probation Office for the District of Montana may, at the discretion of the chief United States Probation Officer, enter into reciprocal working arrangements with Montana state and county probation and parole agencies allowing for the exchange of information contained in presentence investigation reports. Any such arrangements must require that information disclosed be used only for presentence investigation and the preparation of presentence reports, and that the receiving agencies maintain the essential confidentiality of the information exchanged. Any presentence investigation report shared pursuant to this rule must be redacted to include only the cover sheet, Identifying Data, Part B (The Defendant's Criminal History), and Part C (Offender Characteristics). Disclosure of information relating to defendants not yet sentenced is prohibited, except where necessary to prevent harm to the defendant or others.
(e) Disclosure to Pardon Attorney. Upon request of the Office of the Pardon Attorney of the Department of Justice, the United States Probation and Pretrial Services Office ("USPO") for the District of Montana may disclose presentence investigation reports for defendants seeking executive clemency and/or pardon for federal offenses. Information disclosed may be used only for the evaluation of pardon or clemency applications, and the Office of the Pardon Attorney shall otherwise maintain the essential confidentiality of presentence investigation reports. Upon disclosure of any such reports, the USPO shall include a statement advising the Office of the Pardon Attorney of these confidentiality requirements.