Page:United States Statutes at Large Volume 96 Part 1.djvu/1179

 PUBLIC LAW 97-267—SEPT. 27, 1982

96 STAT. 1137

"(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.". SEC. 4, Section 3154 of title 18, United States Code, is amended to read as follows:

18 USC 3651 ^^ *^9Information confidentiality,

Regulations,

"§ 3154. Functions and powers relating to pretrial services "Pretrial services functions shall include the following: "(1) Collect, verify, and report to the judicial officer, prior to the pretrial release hearing, information pertaining to the pretrial release of each individual charged with an offense, including information relating to any danger that the release of such person may pose to any other person or the community, and recommend appropriate release conditions for such individual. "(2) Review and modify the reports and recommendations specified in paragraph (1) of this section for persons seeking release pursuant to section 3146(e) or section 3147 of this 18 USC 3146, chapter. ^l^'^"(3) Supervise persons released into its custody under this chapter.

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