18 U.S.C. § 3153 : US Code - Section 3153: Organization and administration of pretrial services

Search 18 U.S.C. § 3153 : US Code - Section 3153: Organization and administration of pretrial services

(a)(1) With the approval of the district court, the chief
pretrial services officer in districts in which pretrial services
are established under section 3152(b) of this title shall appoint
such other personnel as may be required. The position requirements
and rate of compensation of the chief pretrial services officer and
such other personnel shall be established by the Director with the
approval of the Judicial Conference of the United States, except
that no such rate of compensation shall exceed the rate of basic
pay in effect and then payable for grade GS-16 of the General
Schedule under section 5332 of title 5, United States Code.
(2) The chief pretrial services officer in districts in which
pretrial services are established under section 3152(b) of this
title is authorized, subject to the general policy established by
the Director and the approval of the district court, to procure
temporary and intermittent services to the extent authorized by
section 3109 of title 5, United States Code. The staff, other than
clerical staff, may be drawn from law school students, graduate
students, or such other available personnel.
(b) The chief probation officer in all districts in which
pretrial services are established under section 3152(a) of this
title shall designate personnel appointed under chapter 231 of this
title to perform pretrial services under this chapter.
(c)(1) Except as provided in paragraph (2) of this subsection,
information obtained in the course of performing pretrial services
functions in relation to a particular accused shall be used only
for the purposes of a bail determination and shall otherwise be
confidential. Each pretrial services report shall be made available
to the attorney for the accused and the attorney for the
Government.
(2) The Director shall issue regulations establishing the policy
for release of information made confidential by paragraph (1) of
this subsection. Such regulations shall provide exceptions to the
confidentiality requirements under paragraph (1) of this subsection
to allow access to such information -
(A) by qualified persons for purposes of research related to
the administration of criminal justice;
(B) by persons under contract under section 3154(4) of this
title;
(C) by probation officers for the purpose of compiling
presentence reports;
(D) insofar as such information is a pretrial diversion report,
to the attorney for the accused and the attorney for the
Government; and
(E) in certain limited cases, to law enforcement agencies for
law enforcement purposes.
(3) Information made confidential under paragraph (1) of this
subsection is not admissible on the issue of guilt in a criminal
judicial proceeding unless such proceeding is a prosecution for a
crime committed in the course of obtaining pretrial release or a
prosecution for failure to appear for the criminal judicial
proceeding with respect to which pretrial services were provided.