4/24/2020
IN THE UNITED STATES DISTRICT COURT /s/T. Taylor
FOR THE WESTERN DISTRICT OF VIRGINIA
IN RE: )
PROCEDURE FOR SECURE )
REVIEW OF PRESENTENCE REPORT )
BY DEFENSE COUNSEL WITH )
DETAINED DEFENDANTS )
DURING COVID-19 PANDEMIC )
STANDING ORDER 2020-11
1. Standing Order 2015-8 provides that “[i]n criminal cases in this district, a
presentence report (“PSR”), or any copies or excerpts thereof, must not be provided to a defendant
who is incarcerated, either before or after sentencing.” Rather, review of the PSR with a detained
defendant must be done in the physical presence of defense counsel, or an associate or representative.
Standing Order 2015-8 states that “[t]he purpose of this order is to insure that confidential
information contained in such reports does not cause harm to a defendant or others or otherwise
frustrate law enforcement purposes or the court’s proceedings.”
2. Social distancing and quarantine measures required to combat the COVID-19
pandemic have restricted defense counsel’s ability to be physically present with their detained
clients. Nevertheless, because the CARES Act and Standing Order 2020-07 authorize video and
teleconferencing of certain criminal proceedings, including sentencings, the physical presence
requirement of Standing Order 2015-8 must be amended during the pandemic to allow counsel to
review PSRs with their detained defendants by video or teleconference.
3. With the assistance and cooperation of the United States Marshal, the Probation
Office, and local and regional jail facilities in the Western District of Virginia, the physical
presence requirement of Standing Order 2015-8 is temporarily lifted to allow counsel to review
PSRs with their clients by video or teleconference.
1
4. Depending on the requirements of the local or regional jail facility, review of PSRs
may take place in one of two ways.
a. Method One – Paper Copy.
i. Defense counsel schedules with the jail a video or teleconference
with the inmate.
ii. Defense counsel hand delivers, emails or faxes the PSR to the
designated jail official at the jail on the date of the scheduled
meeting.
iii. The PSR is provided to the inmate in paper form for secure review
and discussion with counsel during the scheduled video or
teleconference.
iv. After the video or teleconference, the PSR is shredded by the jail
official.
b. Method Two – Flash Drive.
i. Defense counsel schedules with the jail a video or teleconference
with the inmate.
ii. Defense counsel hand delivers a flash drive containing the PSR to
the designated jail official at the jail at a reasonable time before
the date of the scheduled meeting.
iii. The PSR is provided to the inmate by means of the flash drive on
a jail computer for secure review and discussion with counsel
during the scheduled video or teleconference.
iv. After the video or teleconference, defense counsel is required to
collect the flash drive containing the PSR from the jail official
within a reasonable time.
5. Defendants may access their PSR only while conferring with their counsel by video
or teleconference.
6. Questions about implementation of the procedures outlined in this Order should be
directed to United States Marshal’s Service or United States Probation Office personnel in the
appropriate division of court.
6. The temporary measures authorized by this Order will remain in effect while the
threat posed by the COVID-19 pandemic continues and until further Order of the court.
It is so ORDERED.
2
Enter: This 24th day of April, 2020
Digitally signed by Michael F. Urbanski
DN: cn=Michael F. Urbanski, o=Western
District of Virginia, ou=United States District
Court,
[email protected], c=US
_____________________________
Date: 2020.04.24 16:24:34 -04'00'
Michael F. Urbanski
Chief United States District Judge
`
3
