Pursuant to the Pretrial Services Act of 1982, 18 U.S.C. §§ 3152-3155, the Court
authorizes the United States Probation Office and/or Pretrial Services Office of the Northern
District of New York to perform all services as the Act provides.
(a) Pretrial Service Officers shall conduct an interview and investigate each
individual charged with an offense and shall submit a report to the Court as soon as practicable.
In non-custody instances, when the United States Attorney schedules an individual for initial
appearance before the United States Magistrate Judge by Criminal Summons or appearance
letter, the United States Attorney shall immediately notify the United State Probation Office to
arrange for preparing a Pretrial Services Report. In those instances when a defendant is taken
into custody by arrest or pursuant to a warrant, the United States Probation Office in the
respective division shall be notified forthwith in accordance with Rule 5.1 Notice of Arrest, of
the Local Rules of Criminal Procedure for the Northern District of New York by the agency
effecting the arrest or the United States Marshal and, unless extraordinary circumstances exist,
initial appearances shall be scheduled so as to provide the probation officer a reasonable (or
"mutually agreed") period of time to interview the defendant, conduct a brief investigation, and
prepare an oral or written report for the judicial officer. The judicial officer setting conditions of
release or reviewing conditions previously set shall receive and consider all reports that Pretrial
Service Officers, the government and defense counsel submit.
(b) Pretrial service reports shall be made available to the attorney for the accused and
the attorney 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. The Pretrial Services
Report shall be lodged, not filed, on CM/ECF, and it shall not be available for public inspection.
(c) Pretrial Service Officers shall supervise persons released on bail at the discretion
of the judicial officer granting the release or modifications of the release.
(d) Pursuant to 18 U.S.C. §3154(2), the Probation Office shall prepare a Release
Status Report prior to a defendant entering a change of plea to guilty. Pursuant to 18 U.S.C. §
3154, Release Status Reports are not public record, are not to be reproduced or disclosed to any
party, other than the government and attorney for the defendant, and the Court, and shall remain
confidential. Release Status Reports may not be used for any other purpose than determining the
release status of a defendant pursuant to Fed.R.Crim.P. Rule 46(c). The Release Status Report
shall be lodged, not filed, on CM/ECF and is not available for public inspection. The ECF
system will generate a notice of electronic filing to counsel for the USA, counsel for the specific
defendant, the presiding judge, and the active magistrate judges.
