District of Idaho

Federal Court Rule 32

The federal rules regarding the ordering, preparation, use, and timelines associated with a presentence report are found in FCR 32.  This section also deals with the statutory reasons for the use of a presentence report and manner in which a sentencing procedure must be carried out in the federal court system.

District of Idaho Local Rule 32.1

District of Idaho Local Rule 32.1

CRIMINAL RULE 32.1

DISCLOSURE OF INVESTIGATIVE REPORTS BY UNITED STATES PROBATION OFFICE

(a)  Presentence Report, Sentencing Recommendation and Confidentiality.

(1)  Presentence reports are not available for public inspection. They shall not be reproduced or copies distributed to other agencies or other individuals unless the Court or the Chief United States Probation Officer grants permission.

(2)  The Sentencing Recommendation may be disclosed to the government and defense counsel if authorized by the sentencing judge. Such authorization shall be communicated to the Chief United States Probation Officer in writing or electronically and shall specify whether the authorization applies to all of the individual sentencing judge’s cases or to selected cases only. The sentencing judge may revoke the authorization at any time by so notifying the Chief United States Probation Officer in writing or electronically.

(3) Probation reports, violation of supervised release reports, and sentencing recommendations prepared for these reports are governed by these same provisions.

(b)  Presentence Reports.

(1) Nothing in this rule requires the disclosure of any portions of the presentence report that are not disclosable under Federal Rule of Criminal Procedure 32.

(2)  The presentence report shall be deemed to have been disclosed when a copy of the report is delivered by electronic filing, hand, fax, or e-mail.

(c)  Confidentiality of Probation Records.

(1)  Investigative reports and supervision records of this Court maintained by the probation office are confidential and not available for public inspection. However, the Chief Probation Officer may disclose these records to federal, state, or local Courts; correctional and law enforcement agencies, contacted treatment providers; or paroling authorities who have a legal, investigative, or custodial interest in that individual.

(2)  Any party, other than those defined in subsection (c)(1), seeking access to the confidential records maintained by the probation office, must file a written request to the Chief Probation Officer that conforms to the requirements of The Guide to Judiciary Policy, Volume 20, Chapter 8.

(d)  Rule Not to Supersede or Void Provisions of Federal Rule of Criminal Procedure 32(c).  Nothing in this rule shall be construed to supersede or void the provisions of Fed. R. Crim. P. 32(c)(1).

District of Idaho Policy 4.01