(1) Records maintained by the Probation Office of this Court relating to the preparation of presentence investigation reports and the supervision of persons on probation or supervised release are confidential. Information contained in the records that is relied on by the Probation Office to prepare presentence investigation or supervision reports may be released only by order of the Court. Requests for such information shall be by written petition establishing with particularity the need for specific information contained in such records; and why the requested information is not readily available from other sources or by other means.
(2) Notwithstanding the requirements of subparagraph (1) above:
(a) A court order is not necessary to obtain criminal history information, which the Probation Office shall make available to counsel of record upon request.
(b) A court order issuing an arrest warrant for a violation of supervised release conditions shall suffice as the Court’s authorization for the Probation Office to provide the United States Marshals Service 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.
(3) When a demand by way of a subpoena or other judicial process is made of a probation officer either for testimony concerning information contained in such records or for the records or copies of the records, the probation officer may petition the Court for instructions. The probation officer shall neither disclose the information nor provide the records or copies of the records except on order of this Court or as provided in LCR 32.1.
Amended January 30, 3009 and November 6, 2019