(a) Pretrial Services Interview.
Pretrial services officers (or probation officers acting in the capacity of pretrial
services officers), to the extent practicable, shall attempt notification of counsel
prior to conducting pretrial services interviews. If counsel cannot attend an
interview, the information provided by the defendant shall be made available to
counsel upon request, in accordance with LR Cr P 5.1.(b).
(b) Disclosure of Pretrial Services Information.
A written pretrial services report will, if possible, be provided to counsel in the
courtroom when a defendant makes an initial appearance, and will be provided to
counsel in the courtroom when a defendant appears for a detention hearing. Pretrial
services information is confidential, pursuant to the provisions of 18 U.S.C.
§ 3153(c) and regulations promulgated by the Administrative Office of the United
States Courts. Judicial officers may disclose pretrial services information, in whole
or in part, upon a showing of good cause. When a demand for disclosure of pretrial
services information regarding a defendant is made by service of a subpoena or by
other formal process upon a probation officer, the probation officer may petition in
writing seeking instructions from the court regarding a response to the demand for
disclosure. Further, the probation officer, upon request, is authorized to provide a
copy of the pretrial report to another federal pretrial or probation officer without
further order of the court.
(c) Standard Terms and Conditions for Release on Bond.
(1) The defendant shall not violate any local, state or federal laws;
(2) The defendant shall not possess a firearm, destructive device or other
dangerous weapon, and shall reside in a residence free from such items;
(3) The defendant=s travel is restricted to the Southern District of West Virginia
unless otherwise permitted by the court;
(4) The defendant shall submit to random urine screens, as directed by the
probation department or the court, for detection of use of controlled
substances; and
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(5) The defendant shall not contact, either directly or indirectly, any victim or
potential witnesses in the case, except through counsel (for witness/victim
protection where needed).
(d) Modification of Conditions of Pretrial Release.
The pretrial services or probation officer may, in the exercise of his/her discretion,
meet with the defendant and defense counsel and modify conditions of release.
Following such meeting, if any, a Consent to Modify Conditions of Release (PS 42)
shall be completed and submitted to the judicial officer for signature and filing.
