Local Rule LCrR32.1: Confidentiality of Pre-Sentence and Post-Violation Reports

LCrR32.1 Confidentiality of Pre-Sentence and Post-Violation Reports.

(a) Pre-Sentence and post-violation reports contain confidential information and recommendations. For security purposes, an incarcerated defendant may not retain a copy of any version of a pre-sentence or post-violation report, nor may such reports be disseminated beyond the members of the prosecution or defense team unless otherwise ordered by the court.

(b) Any pre-sentence or post-violation report filed with the court is a restricted document, that is, access to the document is restricted to counsel for the government, counsel for the specific defendant, the United States Probation Office, and court staff. In the event any party wishes to make substantial reference to confidential information in the pre-sentence or post-violation report in any motion, brief, memoranda of law or other document, the party shall apply to the court for an order authorizing the motion, brief, memorandum or other document to be filed under seal.

(c) The Probation Office may release relevant portions of a pre-sentence report prepared in this district (1) to a federal Probation Office in another district for use by that Office in preparing a pre-sentence report on the same person or (2) to a vendor who is providing sex offender, mental health, or substance abuse treatment if the Probation Officer determines release of relevant portions of the pre-sentence report is critical to the offender's treatment needs.