Local Rule Rule 132.1: Disclosures in Revocation Proceedings
D.P.R. — Criminal rule
RULE 132.1 DISCLOSURES IN REVOCATION PROCEEDINGS (amended on 05/14/2023)
(a) Timing of disclosure. If a preliminary hearing is scheduled, disclosure shall be made prior to the preliminary revocation hearing. If no preliminary hearing is scheduled, disclosure shall be made within fourteen days of the initial appearance.
(b) Materials subject to disclosure. Evidence of the alleged violations shall be disclosed absent an order from the court. The materials subject to disclosure include, but are not limited to:
1. documents, photographs, and records, pertaining to the alleged violations; 2. drug test reports, if drug use is an alleged violation of supervision; 3. the Random Drug Testing Program call list for relevant time periods, if it is relevant to the alleged violations; 4. monthly treatment reports and progress reports from outpatient or inpatient treatment, if non-compliance with a treatment condition is alleged; 5. copies of the relevant criminal complaints, sworn statements, indictment or sentence, when applicable; 6. copies of the most recent Pre-sentence Investigation Report(s) related to the person under supervision, upon request from counsel and when not accessible via the electronic docket.
(c) Form of Disclosure. Disclosure should be available via email when possible.
(d) Sentencing Recommendations Because sentencing recommendations are strictly for the benefit of the Court, Probation Officers shall not disclose their sentencing recommendations for revocation proceedings to anyone other than the Court, unless authorized in a specific case by the presiding judge.
(e) Role of the U.S. Probation Officer Probation officers play an important role beyond the sentencing process. They have expertise in addressing a variety of supplemental issues throughout the prosecution of a case, such as: client assessments and care management practices; identifying resources and services; prioritizing alternative correctional programs. They also work with law enforcement agencies in cases which involve an offender's violation of his or her release which may lead the probation officer to make an arrest and later be a witness for the prosecution in revocation proceedings.
The vast array of a probation officer's responsibilities requires close communication with both defense counsel and prosecutors. Probations officers' obligation not to disclose sentencing recommendations to anyone other than the court shall not be interpreted to preclude their ability to meet regularly with defense counsel, prosecutors, or offenders in compliance with the supervisory, investigative, counseling, and other ministerial duties.