Rule 46.2

District Local Rule Crim 46.2 (Criminal) Print PDF PRETRIAL SERVICES Pursuant to the Pretrial Services Act of 1982 (18 U.S.C. §§ 3152-3155), the Court authorizes the United States Probation Office for the District of Idaho to establish a Pretrial Services Division as provided for by the Act. At the discretion of the Chief U.S. Probation Officer, personnel within the probation office shall be designated to perform pretrial services pursuant to the Act. Upon notification that a defendant has been charged with an offense, either felony or misdemeanor, pretrial service officers will conduct a pre-release investigation as soon as practicable. The judicial officer setting bail or reviewing a bail determination shall receive and consider all reports submitted by pretrial service officers.

Pretrial service reports shall be made available to the attorneys for the accused and the attorneys for the government and shall be used only for the purpose of fixing conditions of release, including bail determinations. Otherwise, the reports shall remain confidential, as provided in 18 U.S.C. § 3153, subject to the exceptions provided therein. In the event a pretrial service report is received in evidence at a hearing on terms and conditions of release, it shall be sealed by the Court and not made a matter of public record. Pretrial service officers shall supervise persons released on bail at the discretion of the judicial officer granting the release or conditions of the release.

Supervision will be conducted in accordance with 18 U.S.C. § 3154, The Guide to Judiciary Policy, Volume 8, and District of Idaho operations policy. The Chief U.S. Probation Officer of the District is authorized to approve interdistrict travel for persons under the supervision of the Court. RELATED AUTHORITY 18 U.S.C. §§ 3152-3155 18 U.S.C. § 3142(c)(1)(B)(VI)