(a) General. The information obtained while performing pretrial services functions in relation to an accused shall be used only for the purposes of release 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 in connection with a pretrial release or detention hearing, a pretrial release revocation proceeding, or any judicial proceeding to modify the conditions of release. The pretrial services report should not be disclosed to other parties by the attorney for the defendant or the attorney for the Government. Any copies of the pretrial services report so disclosed shall be returned to the pretrial services officer at the conclusion of the hearing.

(b) Prohibition of Disclosure.

          (1) Unless authorized by the regulations as established by the Director of the Administrative Office or ordered by the judicial officer for good cause shown, a pretrial services officer shall not disclose pretrial services information. This prohibition on unauthorized disclosure applies whether such disclosure is sought through the direct testimony of the pretrial services officer or by means of a subpoena, subpoena duces tecum, or other form of judicial process.

          (2) Notwithstanding any other provision of this Rule, a court order issuing an arrest warrant for a violation of pretrial release conditions shall suffice as the Court’s authorization for the pretrial services officer to provide the United States Marshal with the violation report and any associated records on which the violation report is based. This information may be used by the Marshal solely for the purpose of executing the arrest warrant and shall not be further disseminated without a court order.

(c) Definition. The term “pretrial services information” shall include any information, whether recorded or not, that is obtained or developed by a pretrial services officer in the course of performing a pretrial services investigation, preparing the pretrial services report, performing any post-release of post-detention investigation, or supervising a defendant released pursuant to chapter 207 of Title 18, United States Code. The term does not include any information appearing in the public records of the court.

(d) Minimization. Any disclosure of pretrial services information permitted under the provisions of this Rule shall be limited to the minimum information necessary to carry out the purpose of the disclosure.

                                                                                                                                                                        Amended November 6, 2019