As codified in Title 18, United States Code, Section 3154(1), the U.S. Pretrial Services Agency is responsible for collecting, verifying and providing defendant background information to the judicial officers so that they can make appropriate release (bail) decisions. The information is provided in a bail report. Typically, U.S. Pretrial Services Officers obtain the following information from the defendant during a bail interview:
- family history
- community ties
- education background
- employment history
- financial status
- potential bail resources
- physical health
- history of or current mental and emotional health needs
- history of or current substance use disorder (SUD) needs
During the bail investigation, the U.S. Pretrial Services Officer will corroborate and obtain additional relevant information about the defendant from personal references provided by the defendant. Collateral contacts are also made with current/former employers, current/former treatment providers, other community supervision agencies (when applicable), other courts (when applicable) and law enforcement agencies that might have relevant information prertaining to the defendant. The U.S. Pretrial Services Officer will also complete a criminal history check and list arrest and conviction information in the bail report.
All information provided to and obtained by U.S. Pretrial Services during the bail investigation is deemed confidential and cannot be used for purposes of prosecution, except when there is a bail violation matter or the defendant fails to appear/surrender [see Title 18, United States Code, Section 3153(c)(1)].