The Law Mind

Disclosure of Pretrial Services Reports, Presentence

D. Alaska Local Criminal Rule 32.1.2

Reports, and Sentencing Recommendations for Violation Dispositions (a) General Rule of Confidentiality Presentence and probation reports and records, as well as Sentencing Recommendations for Violation Dispositions, prepared by the U.S. Probation and Pretrial Services Office are hereby declared to be confidential records of the court, and may not be released or otherwise disclosed, except pursuant to this rule. This includes any notes, recordings, memoranda, interviews, and statements maintained by the U.S. Probation and Pretrial Services Office, and correspondence to the U.S. Probation and Pretrial Services Office or to the court, relative to a charged defendant (b) Pretrial Services Reports and Presentence Reports Except to the extent that release of the information would violate a promise of confidentiality made to the source of the information, and unless otherwise ordered, the U.S. Probation and Pretrial Services Office may disclose as follows: (1) The pretrial services report and presentence report may be disclosed to the U.S. Attorney’s Office, Federal Public Defender’s Office, or defense counsel. (2) Presentence reports, or portions thereof as provided in this subsection, may be disclosed upon written request to: [A] the State of Alaska, Department of Corrections; and [B] mental health and substance abuse treatment professionals, if the licensed treatment professional is actively assessing or providing treatment to the defendant in accordance with an order of the court or disclosure is authorized by the defendant; (3) Any copy of a pretrial services report or presentence report that the court makes available, or has made available, to a foregoing entity: Local Criminal Rules for the District of Alaska Updated October 15, 2025 Page 10 [A] constitutes a confidential court document and is presumed to remain under the continuing control of the court during the time it is in the temporary custody of the entity; [B] is provided to the entity solely for the purpose of enabling that entity to carry out its official function; and [C] must be returned to the court upon request. (c) Sentencing Recommendations for Violation Dispositions Sentencing Recommendations for Violation Dispositions prepared by the U.S. Probation and Pretrial Services Office may not be released or otherwise disclosed to any entity, except as otherwise provided in this rule or Local Criminal Rule 32.1.1 (d) Law Enforcement/Correctional Officials The following information may be extracted from and released or disclosed to federal, state, or local law enforcement or correction officials and probation officers with respect to an individual awaiting sentencing or under a criminal justice sentence including imprisonment, parole, probation, supervised or work release, or who has absconded from supervision: (1) identifying information, including: [A] name; [B] date and place of birth; [C] race, color, and complexion; [D] identifying marks (tattoos, scars, deformities, etc.); [E] social security number, any local or federal identification number; and [F] photographs. (2) current or last known address and telephone number; (3) former addresses and telephone numbers; (4) current and last known addresses of all known relatives; (5) names, aliases, and addresses of all known co-defendants; (6) areas that the defendant may be known to frequent or have frequented; (7) occupation and name, address, and telephone number of last known employer; (8) date, place, and nature of last known arrest; (9) automobile make, model, color, and license number; and (10) the defendant’s criminal history including a description of the offense(s) of conviction in federal court. Local Criminal Rules for the District of Alaska Updated October 15, 2025 Page 11 (e) Motion to Authorize Disclosure (1) Any entity requesting release or disclosure of any presentence report other than as specified in this rule may do so by filing a written motion in the case in which the sentence was imposed. (2) The motion must: [A] include— [i] the nature of the information requested; [ii] reason(s) release is requested; [iii] the intended use of the information; and [iv] any relevant or pertinent authority authorizing the release; [B] state — [i] whether the requesting party has met and conferred with the U.S. Probation and Pretrial Services Office and the subject of the presentence report and/or the subject’s counsel if represented; and [ii] if so, the position of the U.S. Probation and Pretrial Services Office and/or subject of the report on the requested release; and [C] be served on— [i] the subject of the report; [ii] if represented, counsel for the subject of the report; [iii] U.S. Attorney; and [iv] U.S. Probation and Pretrial Services Office. [D] Any interested party may file and serve on all other parties an opposition to the release or disclosure of the presentence report within 14 days of the date the motion is filed. (f) Procedure for Subpoenas to U.S. Probation and Pretrial Services (1) The party at whose request a subpoena is issued must, concurrently with or before service of the subpoena on the U.S. Probation and Pretrial Services office, file a motion under subsection (e). (2) In addition to the requirements of subsection (e), the motion must include a copy of the subpoena. (3) Unless otherwise ordered by the court as provided in this subsection, the U.S. Probation and Pretrial Services Office will not release, furnish, or otherwise disclose the presentence report or its contents in response to a subpoena. Local Criminal Rules for the District of Alaska Updated October 15, 2025 Page 12 (g) Unauthorized Disclosure Any unauthorized reproduction or copying, in whole or in part, or disclosure or dissemination of the information described in paragraph (a) may be treated as a contempt of court and punished accordingly.
Official source: https://www.akd.uscourts.gov/sites/akd/files/local_rules/Local_Civil_Rules_10-2025.pdf · retrieved 2026-07-23