18 USC 3153(c)(1): Information regarding pre-trial services

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This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.

Department Claims
Dept. of Justice 8.0
      
 
                 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.
 

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.
 
        
            
 
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.