Local Rule CR-5A: Pretrial Services Interview and Report

RULE CR-5A. PRETRIAL SERVICES INTERVIEW AND REPORT

(a) Interview.

(1) Notice to Defendant. Before conducting a pretrial services interview, the pretrial services officer must notify the defendant of:

(A) the circumstances under which the information the defendant provides must be disclosed; and

(B) the defendant's rights during the interview, including:

(i) the defendant's right not to be questioned regarding the charges in the case;

(ii) the defendant's right to decline to speak or provide any information to the officer; and

(iii) the defendant's right to counsel during the interview.

(2) Notification Form. A form notifying the defendant of the rights set out in subsection (a)(1) is appended to this rule.

(3) Presence of Counsel. If the defendant wishes to have the assistance of counsel during the interview, the pretrial services officer must afford a reasonable opportunity for counsel to be present.

(b) Use and Disclosure of Pretrial Service Report and Related Information.

(1) In General. The use and disclosure of the pretrial services report, and any information obtained by the pretrial services officer in the course of performing the pretrial services function, are governed by 18 U.S.C. § 3153(c). The pretrial services officer must limit disclosure to the minimum information and the minimum number of persons necessary to carry out the purpose of the disclosure.

(2) Disclosure of the Pretrial Services Report. The pretrial services report must be disclosed to the attorney for the defendant and the attorney for the government. The report should not be re-disclosed to other persons by the attorney for the defendant or the attorney for the government.

(3) Disclosure of the Pretrial Services Recommendation. Unless otherwise ordered by the court, the pretrial services officer's recommendation as to the propriety and conditions of release will be disclosed to the parties with the pretrial services report.

Committee Notes

1. Rule CR-5A is a new rule that prescribes procedures for pretrial services' interview and report, and the management of defendants on supervision who are confidential informants.

2. Subsection (a) ensures that a defendant knows of his rights, and has the opportunity to invoke them, before being interviewed by the pretrial services officer. Appended to the rule is a form pretrial services uses to notify the defendant of his rights, and to advise the defendant that no adverse inference will be drawn from his invocation of his rights.

3. Subsection (b) provides the parties with easier access to pretrial services information, subject to the confidentiality requirements of 18 U.S.C. § 3153(c). The Committee believes that it is consistent with the statute for the pretrial services officer to provide a copy of the pretrial services report and recommendation to both the government and defense attorneys, and that the statute does not require the return of the report at the conclusion of any bail or other pretrial hearing. Cf. 12 Administrative Office of the U.S. Courts, Guide to Judiciary Policies and Procedures, Ch. 3, Pt. A(4)(D)(1) (1999) (subject to district court's practice and procedure, report must be returned to pretrial services officer at conclusion of hearing).