§ 3153. — Organization and administration of pretrial services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3153]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
Sec. 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.
(Added Pub. L. 93-619, title II, Sec. 201, Jan. 3, 1975, 88 Stat. 2086;
amended Pub. L. 97-287, Sec. 3, Sept. 27, 1982, 96 Stat. 1136.)
Amendments
1982--Pub. L. 97-267 substantially revised section by substituting
provisions relating to the organization and administration of pretrial
services for provisions relating to organization and administration of
pretrial services agencies which vested the powers of five such agencies
in the Division of Probation of the Administrative Office of the United
States Courts and the powers of the remaining five agencies in Boards of
Trustees, set forth requirements for membership and terms of office with
respect to such Boards, and provided for appointment of Federal
probation officers in agencies governed by the Division of Probation,
and chief pretrial service officers in agencies governed by Boards of
Trustees, which designated officers would be responsible for the
direction and supervision of their respective agencies.
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Section Referred to in Other Sections
This section is referred to in section 3156 of this title; title 5
section 4521.
