Local Rule LCrR 32.1: Disclosure of Presentence Reports or Probation Records

Local Criminal Rule 32.1 Disclosure of Presentence Reports or Probation Records.

(a) No confidential record of this Court maintained by the Probation Office, including presentence and supervision records, shall be disclosed except as provided by Fed. R. Crim. P. 32, and as provided by this local rule.

(b) The probation officer shall not disclose the officer's sentencing recommendation, if any, unless otherwise ordered by the Court. When disclosure is so ordered, such recommendation shall be disclosed at the sentencing hearing and no earlier than the date of sentencing. The recommendation will be available to the parties, however, at the U. S. Probation Office on the date of sentencing.

(c) When a demand for disclosure of presentence and probation records is made, by way of subpoena or other judicial process, to a probation officer of this Court, the probation officer may file a petition seeking instruction from the Court with respect to responding to the subpoena.

(d) Whenever a probation officer is subpoenaed for such records, he or she shall petition this Court in writing for authority to release documentary records or produce testimony with respect to such confidential Court information. In either event, no disclosure shall be made except upon an order issued by this Court.

(e) The Probation Office shall provide to the United States Sentencing Commission, the United States Parole Commission, and the United States Bureau of Prisons presentence reports as requested for the discharge of their official duties.

(f) The Probation Office may make available to officers of the Alabama Board of Pardons and Paroles presentence reports and supervision records for review in their investigation and supervision of Alabama Circuit Court defendants, probationers and parolees.