FILED
2022 AUG 31
CLERK
U.S. DISTRICT COURT
THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
IN THE MATTER OF DISTRICT OF
UTAH U.S. PROBATION AND GENERAL ORDER (AMENDED)
PRETRIAL SERVICE OFFICE ABILITY
22-016
TO DISSEMINATE LAW
ENFORCEMENT REPORTS
The efficient resolution of release or detention hearings in the process of pretrial,
probation, and supervised release violation matters depends significantly on the ability
of the prosecution, defense counsel, and the Court to understand the nature of the
violation allegations. When the violation petition alleges the defendant committed a new
criminal offense, an available law enforcement report is an invaluable source of
information. It is common practice for the prosecution and defense counsel to request
copies of those reports to thoroughly prepare for the hearing. Release and detention
determinations should be made without unnecessary delay to avoid detaining a
defendant longer than needed and disrupting housing, employment, treatment, and
relationships.
The quick and efficient production of a law enforcement report, when a violation
petition alleges a new crime, to the prosecution and defense counsel assists the Court
in making informed determinations at a detention hearing. Information within the report
will aid counsel in reaching agreement and advocating their positions, and aid the Court
in making its findings and orders at the hearing. Good cause exists to authorize the
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release of relevant law enforcement reports in the possession of the U.S. Probation and
Pretrial Services Office for the District of Utah to the prosecution and defense counsel.
IT IS HEREBY ORDERED that:
1. U.S. Probation and Pretrial Services Office for the District of Utah,
whenever practicable before or at the Initial Appearance hearing on a pretrial, probation
or supervised release violation petition, must disseminate any law enforcements reports
in its file, related to violation allegations, to the prosecution and defense counsel.
2. This dissemination may be accomplished electronically, via email, or by
providing hard copies.
3. The prosecution and defense counsel must not, without a Court order,
disseminate copies of the law enforcement report to others except for staff assigned to
the case.
4. Within 7 days after resolution of the petition, all report copies must be
destroyed.
SO ORDERED this 31st day of August, 2022.
BY THE COURT:
_____________________________________
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
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