However, before I elaborate on the reasons for our opposition to H.R. 4423, I would first like to take a moment to put this issue in context by explaining the role of our federal probation and pretrial services employees, as well as our current firearms program. I believe this background will assist you in understanding the ill-considered nature of this legislation. Federal Probation and Pretrial Services Federal probation and pretrial services officers are employees of the district court. They are appointed by the judges they serve. See 18 U.S.C. 3152, 3602.
Probation officers have two basic duties.
They conduct presentence investigations and supervise offenders. See 18 U.S.C. 3603. In the presentence report, the probation officer assesses the probability of risk to the community in the form of future criminal behavior, the harm caused by the offense, the need for restitution, and the defendant's ability to pay sanctions, such as a fine, restitution or costs. The report is used by the court to determine an appropriate sentence under the sentencing guidelines promulgated by the United States Sentencing Commission, and is later used by the Bureau of Prisons to designate the offender to an appropriate penal institution. Of equal importance with the presentence investigation, probation officers are also responsible for supervising federal offenders placed on probation and supervised release whose conditions of release to the community are set by the court.