Confidential Character of Presentence Report (a) Disclosure of Presentence Reports and Related Records. A presentence report, probation, supervised release report, violation report and related documen
U.S. District Court for the Northern District of California
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(b) Request for Disclosure Under Circumstances Not Covered by Statute. Anyone seeking an order authorizing disclosure of a presentence report which is not authorized by statute, federal rule or regulation shall file a motion pursuant to Crim. L.R. 47-1 with the sentencing Judge or, if no longer sitting, with the General Duty Judge Such motion shall state with particularity the reason disclosure is sought and to whom the report will be provided. No disclosure shall be made under this Crim. L.R. 32-7(b) except upon an order issued by this Court. The motion shall be served upon the defendant, last defense counsel of record, the attorney for the government and the Probation Officer of record.
Commentary Other than as allowed by any regulations of the Probation Office for disclosure (e.g., for disclosure to U.S. Marshal in the case of an absconding defendant or to other U.S. Probation Offices for purposes of supervision or other sentencings of the defendant; therapists with whom the defendant is engaged as a result of a court ordered study or condition of supervision; or U.S. Sentencing Commission pursuant to 28 U.S.C. § 994(w), a presentence report should not be disclosed. 32.1-1. Revocation of Probation or Supervised Release (a) Petition for Revocation. The following procedures shall be followed with respect to any petition by a Probation Officer for revocation of probation or supervised release: (1) The petition shall be filed and noticed for hearing before the sentencing Judge or sentencing Magistrate Judge.
If the sentencing judicial officer is unavailable, the petition shall be presented to the Criminal Calendar Magistrate Judge for the courthouse where the probationer or releasee was originally sentenced or to the General Duty Judge; (2) The petition shall be accompanied by a summons and proposed order that the probationer or releasee appear and show cause why probation or supervised release should not be revoked. Alternatively, the petition may request that the Court issue an arrest warrant. If a warrant is sought, the probation office shall recommend bail in a USDC Criminal Local Rules – Revised August 21, 2024 CRIM-18 specified amount or that the probationer or releasee be held without release on bail; and (3) Unless otherwise ordered, the Probation Officer shall serve a copy of the petition and order on the probationer or releasee, last known counsel of record and the attorney for the government. (b) Preliminary Revocation Hearing.
A preliminary hearing to determine whether or not there is probable cause to believe that a violation has occurred may be conducted by a criminal calendar Magistrate Judge. If the Magistrate Judge finds the existence of probable cause, the Magistrate Judge shall set the matter for a revocation hearing before the assigned Judge or sentencing Magistrate Judge. (c) Appearance by Attorney for the Government. An attorney for the government may appear on behalf of the government at any proceeding to revoke probation or supervised release.
(d) Order Regarding Disposition of Petition. The disposition of a petition for violation of probation or supervised release and the facts upon which it is based shall be set forth on the form adopted by the Administrative Office of the United States Courts for that purpose. (e) Presentence Report and Recommendation for Revocation of Probation or Supervised Release. A Probation Officer may initiate a revocation proceeding by the Submission of a Form 12 to the Court that placed the defendant on probation or supervised release.
If the Court decides that a hearing is appropriate, it shall notify the parties and the Probation Officer. The Probation Officer shall have no further contact with the Court with respect to the Form 12 prior to the hearing on the violation. If, after a hearing, the defendant is found to have violated the terms of probation or supervised release, the Probation Officer shall prepare a dispositional report and recommendation. At least 7 days before the date set for sentencing after the Court has revoked a term of probation or supervised release, the Probation Officer shall disclose a copy of a dispositional report and recommendation to defense counsel (or to a pro se defendant) and to the attorney for the government, and shall lodge a copy with the sentencing Judge.
USDC Criminal Local Rules – Revised August 21, 2024 CRIM-19 IX.