Local Rule Criminal L. R. 32: Presentence Investigation; Presentence Reports

Criminal L. R. 32. Presentence Investigation; Presentence Reports.

(a) Confidentiality of Presentence Reports.

(1) Confidential records of this Court maintained by the United States Probation Office, including presentence investigation reports and probation supervision records, may not be disclosed except upon written petition to the Court establishing with particularity the need for specified information contained in such records. No disclosure shall be made except upon court order. This rule must not be construed to deny the subject of any presentence report and/or the subject's counsel the right to review such presentence report without consent of the Court.

(2) Any copy of a presentence report that the Court makes available, or has made available, to the United States Parole Commission or the Bureau of Prisons, constitutes a confidential court document and must be presumed to remain under the continuing control of the Court when it is in the temporary custody of these agencies. Such copy must be loaned to the Parole Commission and the Bureau of Prisons only for the purpose of enabling those agencies to carry out their official functions, including parole release and supervision, and must be returned to the Court after such use upon request.

(b) Objections to Presentence Investigation. In any case in which the defendant has waived the time limitations under Fed. R. Crim. P. 32(e)(2), objections to a presentence investigation report must be submitted in writing with the United States Probation Department, and served on the opposing party at least 10 days before the scheduled sentencing, unless otherwise provided by Court order.