US District Court • Southern District of New York

Pretrial Services (established February 1976)
Marsha Davies-Calhoun, Acting Chief



Mission


Outline of Confidentiality
Regulations


Statutory Provisions


Definitions


Limitation on
Disclosure


The Pretrial Services Report


Authorized Disclosure


Explanation of Revision of the Regulations


Limitation on Disclosure of Pretrial Services Information

  • General Prohibition of Disclosure.
    1. Unless authorized by these regulations or ordered by the judicial officer for good cause shown, a pretrial services officer shall not disclose pretrial services information. This prohibition on unauthorized disclosure applies irrespective of whether such disclosure is sought through the direct testimony of the pretrial services officer or by means of a subpoena, a subpoena duces tecum, or other form of judicial process.
  • Minimal Disclosure.
    1. Any disclosure of pretrial services information permitted under the provisions of these regulations or ordered by the judicial officer shall be limited to the minimum information necessary to carry out the purpose of the disclosure.
  • Use of Pretrial Services Information in Prosecution.
    1. In accordance with the provisions of 18 U.S.C. § 3154 (c)(3), pretrial services information is not admissible on the issue of guilt in the criminal judicial proceeding unless the proceeding is a prosecution for a crime committed while in the course of obtaining pretrial release or a prosecution for failure to appear for the criminal justice proceeding with respect to which pretrial services were provided.