Authorized Disclosure of Pretrial Services Information

• Research.
1. Pretrial services information shall be available to members of the pretrial services staff for the purpose of research related to the administration of justice.
2. Upon written application to the chief pretrial services officer or the chief probation officer who supervises pretrial services, and with the written consent of the chief of the Federal Corrections and Supervision Division, Administrative Office of the United States Courts, pretrial services information shall be available to qualified persons for the purpose of research related to the administration of justice. "Qualified persons" are those persons or organizations whose training and experience are appropriate to the nature of the research in which they propose to engage and who are performing such research with adequate administrative safeguards against the unauthorized disclosure of confidential information.
3. Any person or organization to whom pretrial services information is disclosed under this section shall, prior to the disclosure of any pretrial services information, execute a nondisclosure agreement affirming the continued confidentiality of information received. Such agreement shall require that any such person or organization protect pretrial services information against unauthorized disclosure and maintain the anonymity of those individuals to whom information disclosed under this section pertains.
• Contract Agencies.
1. Pretrial services information is available to individuals or organizations that have contracted with pretrial services to provide supportive services for the custody or care of persons released pursuant to 18 U.S.C. § 3154 (4).
2. Contracts with such individuals or organizations must include a nondisclosure agreement which recites the obligation of the individual or organization to adhere to the confidentiality provisions of 18 U.S.C. § 3153 (C) and these regulations.
• Family Members. The chief pretrial services officer or chief probation officer who supervises pretrial services may authorize the disclosure of pretrial services information to family members of the defendant if the defendant has been released to the custody of the family or a family member pursuant to 18 U.S.C. § 3142 (c)(B)(i). In any other case, such officer shall authorize disclosure of pretrial services information to family members only if, in the opinion of such officer, such information would be beneficial to the ongoing supervision or treatment of the defendant and the defendant authorizes the disclosure in writing. Such officer shall not authorize any disclosure to family members under this section if, in the opinion of such officer,
1. the disclosure of such information would violate a promise of confidentiality to the source of the information,
2. the disclosure would result in harm to any person, or
3. the disclosure would compromise the objective of confidentiality as set out in section I(C) of these regulations.
• United States Probation Officers. Pretrial services information shall be made available to United States Probation Officers for the purpose of preparing a presentence report, including any amendments or supplements thereto. The probation officer shall not disclose pretrial services information except insofar as that information is used in the presentence report or if the probation officer determines that the information is relevant in connection with a proceeding pursuant to F.R.Crim.P. 32.1.
• Violation of Conditions of Release. Pretrial services officers shall, in compliance with 18 U.S.C. § 3154 (5), inform the judicial officer and the United States Attorney’s office of all apparent violations of pretrial release conditions and arrests of persons released under supervision.
• Risk of Harm. Pretrial services officers shall, pursuant to the provisions of 18 U.S.C. § 3154 (5), inform the judicial officer and the United States Attorney’s office of any danger that any such person may come to pose to any other person or the community. In compliance with this section, pretrial services officers may disclose such pretrial services information as is necessary to fully advise the judicial officer and the United States Attorney’s office of the nature and source of the danger and may recommend any appropriate modification of release conditions.
• Law Enforcement. The judicial officer, after giving due consideration to any promises of confidentiality to sources of pretrial services information and any harm to any individual that might result from disclosure of pretrial services information, may authorize disclosure of such information to law enforcement agencies for the following purposes:
1. Investigation of a crime committed in the course of obtaining or maintaining pretrial release.
2. Investigation of a failure to appear for the criminal justice proceedings with respect to which pretrial services were provided.
3. Investigation of a violation of a condition of pretrial release.
4. Protection of the defendant, law enforcement personnel, prison officials, or other care providers in circumstances in which an arrest is contemplated, defendant is to be confined, defendant has escaped, or other circumstances in which information must be disclosed to protect such persons or the public against any risk of harm presented by the defendant or to protect or provide necessary care to the defendant.
• Exculpatory Information.
1. The judicial officer may authorize the disclosure of pretrial services information if the judicial officer finds that there is a substantial likelihood that the information is material, exonerating on the issue of guilt, or germane to the issue of truth in an administrative, legislative, or judicial proceeding involving the defendant or a third party, and would not be otherwise available in such a proceeding.
2. A pretrial services officer may disclose any pretrial services information to the judicial officer in camera in any case in which the pretrial services officer believes that pretrial services information contains material that might be disclosed under subparagraph (1) of this section or in any case in which the defendant or a third party alleges that pretrial services information contains such material.
• Information of Benefit to Defendant. Upon written request of the defendant, the chief pretrial services officer or chief probation officer who supervises pretrial services may authorize the disclosure of pretrial services information to a defendant for the purpose of obtaining a public benefit, securing employment, or providing information to a treatment or health care provider if, in the opinion of such officer,
1. the disclosure of such information would not violate a promise of confidentiality to the source of the information,
2. the disclosure would not result in harm to any person,
3. the disclosure would not compromise the objective of confidentiality as set out in section I(C) of these regulations, and
4. the defendant is informed that the information disclosed may not be favorable.
• Status Information. The chief pretrial services officer or chief probation officer who supervises pretrial services may authorize the disclosure of pretrial services information consisting of "status" information regarding the defendant, such as current residence, telephone number, and current employer if, in the opinion of such officer,
1. the disclosure of such information would not violate a promise of confidentiality to the source of the information,
2. the disclosure would not result in harm to any person, and
3. the disclosure would not compromise the objective of confidentiality as set out in section I (C) of these regulations.
• Good Cause. In any other case, the judicial officer may order the disclosure of pretrial services information if, after considering
1. any promise of confidentiality to the source of the information,
2. any harm that such disclosure might cause to any person,
3. the objective of confidentiality as set out in section I(C) of these regulations, and
4. the purpose of the disclosure, the judicial officer finds that there is good cause for such disclosure.