SUPERVISION RECORDS OF THE UNITED STATES PROBATION
OFFICE, AND TESTIMONY OF THE PROBATION OFFICER
(a) Confidentiality. The presentence investigation report, supporting documents, and
supervision records are confidential court documents and are not available for
public inspection. They are not to be reproduced or distributed to other agencies
or other individuals without permission of the determining official or when
mandated by statute. The determining official authorized to make disclosure
decisions under this rule is a district judge, magistrate judge, or Chief Probation
Officer (after consultation with the Chief Judge) of the District of Nevada.
(b) Disclosure of the Presentence Investigation Report and Confidential Materials for
Sentencing Purposes.
(1) When a copy or draft of a presentence investigation report is provided to
the parties, the Probation Office will advise the parties in writing that (A)
defense counsel is responsible for providing the defendant with a copy of
the report, (B) the report is not a public record, and (C) the contents of the
report may not be further disclosed to unauthorized persons.
(2) If the presentence investigation report (A) contains information or material
that includes diagnostic opinions that might seriously disrupt a program of
rehabilitation, (B) identifies a source of information obtained upon a
promise of confidentiality, or (C) contains any other information that, if
disclosed, might result in harm, physical or otherwise, to the defendant or
another person, the information must be excluded from the presentence
investigation report and included in an addendum or attachment that must
not be distributed to the defendant’s attorney or the attorney for the
government. Attorneys must be notified in writing that sensitive or
confidential materials have been delivered to the court under this
provision. This procedure constitutes compliance with Fed. R. Crim. P.
32(d)(3) and 32(i)(1)(B).
(c) Application for Disclosure of Presentence Investigation Reports or Supervision
Records for Purposes Other than Sentencing.
(1) The presentence investigation report, supporting documents, and
supervision records may be disclosed for purposes other than sentencing
of the defendant only upon written application accompanied by an
affidavit describing the records sought, explaining their relevance to the
proceedings, and stating the reasons the information contained in the
records is not readily available from other sources or by other means. If
the request does not comply with this rule, the determining official may
deny the request or request additional information.
(2) The written application must be provided to the determining official at
least 14 days before the production of records is required. Failure to meet
this deadline constitutes a sufficient basis for denial of the request.
(3) The determining official may waive the 14-day requirement upon a
showing of a good-faith attempt to comply with this rule.
(d) Testimony of a Probation Officer. A request for testimony of a probation officer
must satisfy subsection (c) of this rule.
(e) Either party may examine materials provided to the Probation Office upon request
to the Probation Office.
