Functions and Powers of Pretrial Services:
The functions and powers of pretrial services are set forth in 18 U.S.C. Section 3154. The legislative mandate requires pretrial services officers to:
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...
An "offense" is defined as any federal felony or misdemeanor, other than a Class B or C misdemeanor (petty offense), or military offenses triable by a military court.
Pursuant to Administrative
Office of the U.S. Courts, Probation and Pretrial Services Division memorandum
of December 13, 1988, the office will not interview and investigate probation
or parole violators for release purposes unless specifically directed to
do so by the court.
Pretrial services
officers must investigate all arrested criminal defendants as well as those
defendants that appear pursuant to a summons on an agreement with the U.S.
attorney, and report the results of the defendant interview and subsequent
investigation to the court before the defendant's initial hearing and/or
arraignment.
Officers are
to review and modify the pretrial services reports and recommendations for
detained defendants seeking release. This requires ongoing investigation
and verification of defendant information.
Officers must
supervise each defendant ordered released to the custody of the pretrial
services office. If the court places a defendant on pretrial supervision,
officers should establish a reporting schedule for office visits, conduct
field work (e.g., home, employment, and collateral visits), perform drug
screening, if necessary, and make appropriate referrals.
The pretrial
services office is granted the authority to operate or contract for the
operation of facilities for the custody (e.g., drug, alcohol, and mental
health treatment) of released defendants. In most instances, the office
will utilize existing contracts generated by the U.S. probation office or
the Bureau of Prisons.
Officers must
notify the U.S. attorney and the court of all apparent violations of release
conditions (e.g., subsequent arrests, failure to comply with special conditions),
report any previously unknown risk of danger, and recommend appropriate
modification(s) of release conditions.
The pretrial
services office serves as a coordinator of all eligible third-party custodians
and should notify the court of their eligibility.
Officers may
assist all released defendants to obtain employment, medical, legal, or
social services where appropriate.
The pretrial
services office must, in concert with the U.S. attorney and the U.S. marshals
service, prepare detention reports on all pretrial detainees.
The pretrial
services office will monitor and evaluate bail decisions and bail activities
and report to the judicial officers the results of their release decisions.
Other reports will be prepared for the court when appropriate.
The pretrial
services office will establish, in concert with the U.S. attorney, a district-wide
pretrial diversion program. This program will set forth the referral, investigation
and supervision procedures for pre- and post-charge defendants selected
for diversion consideration.
The pretrial
services office is authorized to engage in contracts in order to carry out
the functions of pretrial services, such as contracting for pretrial services
work through private vendors.
The pretrial
services office will perform any other such duties as deemed necessary by
the court.
Officers may
provide courtesy supervision and perform collateral investigations for other
federal pretrial services offices as requested.