(amended on 05/14/2023)
(a) Timing of disclosure. If a preliminary hearing is scheduled, disclosure shall be made prior to the
preliminary revocation hearing. If no preliminary hearing is scheduled, disclosure shall be made
within fourteen days of the initial appearance.
(b) Materials subject to disclosure. Evidence of the alleged violations shall be disclosed absent an
order from the court. The materials subject to disclosure include, but are not limited to:
1. documents, photographs, and records, pertaining to the alleged violations;
2. drug test reports, if drug use is an alleged violation of supervision;
3. the Random Drug Testing Program call list for relevant time periods, if it is relevant to the
alleged violations;
4. monthly treatment reports and progress reports from outpatient or inpatient treatment, if non-
compliance with a treatment condition is alleged;
5. copies of the relevant criminal complaints, sworn statements, indictment or sentence, when
applicable;
6. copies of the most recent Pre-sentence Investigation Report(s) related to the person under
supervision, upon request from counsel and when not accessible via the electronic docket.
(c) Form of Disclosure. Disclosure should be available via email when possible.
(d) Sentencing Recommendations
Because sentencing recommendations are strictly for the benefit of the Court, Probation Officers
shall not disclose their sentencing recommendations for revocation proceedings to anyone other
than the Court, unless authorized in a specific case by the presiding judge.
(e) Role of the U.S. Probation Officer
Probation officers play an important role beyond the sentencing process. They have expertise in
addressing a variety of supplemental issues throughout the prosecution of a case, such as: client
assessments and care management practices; identifying resources and services; prioritizing
alternative correctional programs. They also work with law enforcement agencies in cases which
involve an offender’s violation of his or her release which may lead the probation officer to make
an arrest and later be a witness for the prosecution in revocation proceedings.
The vast array of a probation officer’s responsibilities requires close communication with both
defense counsel and prosecutors. Probations officers’ obligation not to disclose sentencing
recommendations to anyone other than the court shall not be interpreted to preclude their ability
to meet regularly with defense counsel, prosecutors, or offenders in compliance with the
supervisory, investigative, counseling, and other ministerial duties.
-126-
