18 U.S.C. § 3153 — Organization and administration of pre-

Page 727 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3154 date of enactment of this Act may continue to operate, employ staff, provide pretrial services, and perform such functions and powers as are authorized under chapter 207 of title 18 of the United States Code [this chapter].’’ § 3153. Organization and administration of pre- trial 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 posi- tion 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 dis- tricts 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 cler- ical staff, may be drawn from law school stu- dents, 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 per- sonnel 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 pre- trial services report shall be made available to the attorney for the accused and the attorney for the Government. (2) The Director shall issue regulations estab- lishing the policy for release of information made confidential by paragraph (1) of this sub- section. Such regulations shall provide excep- tions to the confidentiality requirements under paragraph (1) of this subsection to allow access to such information— (A) by qualified persons for purposes of re- search related to the administration of crimi- nal 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 ac- cused and the attorney for the Government; and (E) in certain limited cases, to law enforce- ment agencies for law enforcement purposes. (3) Information made confidential under para- graph (1) of this subsection is not admissible on the issue of guilt in a criminal judicial pro- ceeding 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, § 201, Jan. 3, 1975, 88 Stat. 2086; amended Pub. L. 97–287, § 3, Sept. 27, 1982, 96 Stat. 1136.) Editorial Notes 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 Adminis- trative Office of the United States Courts and the pow- ers of the remaining five agencies in Boards of Trust- ees, 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 pre- trial service officers in agencies governed by Boards of Trustees, which designated officers would be respon- sible for the direction and supervision of their respec- tive agencies. Statutory Notes and Related Subsidiaries 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 Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 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, in- cluding information relating to any danger that the release of such person may pose to any other person or the community, and, where appropriate, include a recommendation as to whether such individual should be re- leased or detained and, if release is rec- ommended, recommend appropriate conditions of release; except that a district court may di- rect that information not be collected, verified, or reported under this paragraph on individuals charged with Class A mis- demeanors as defined in section 3559(a)(6) of this title. (2) Review and modify the reports and rec- ommendations specified in paragraph (1) of this section for persons seeking release pursu- ant to section 3145 of this chapter. (3) Supervise persons released into its cus- tody under this chapter. (4) Operate or contract for the operation of appropriate facilities for the custody or care of persons released under this chapter includ- ing residential halfway houses, addict and al- coholic treatment centers, and counseling services, and contract with any appropriate