Pretrial Services Act of 1982
PL 97-267 (S.923), enacted 09/27/1982

96 STAT. 1136 
PUBLIC LAW 97-267—SEPT. 27, 1982 
Sept. 27, 1982 
[S. 923] 
Pretrial Services 
Act of 1982. 
18 u s e 3141 
note. 
18 u s e 3654. 
Position 
requirements 
and 
compensation 
rate. 
Public Law 97-267 
97th Congress 
An Act 
To amend chapter 207 of title 18, United States Code, relating to pretrial services. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Pretrial Services Act of 1982". 
SEC. 2. Section 3152 of title 18, United States Code, is amended to 
read as follows: 
"§ 3152. Establishment of pretrial services 
"(a) On and after the date of the enactment of the Pretrial 
Services Act of 1982, the Director of the Administrative Office of the 
United States Courts (hereinafter in this chapter referred to as the 
'Director') shall, under the supervision and direction of the Judicial 
Conference of the United States, provide directly, or by contract or 
otherwise (to such extent and in such amounts as are provided in 
appropriation Acts), for the establishment of pretrial services in 
each judicial district (other than the District of Columbia). Pretrial 
services established under this section shall be supervised by a chief 
probation officer appointed under section 3654 of this title or by a 
chief pretrial services officer selected under subsection (c) of this 
section. 
"(b) Beginning eighteen months after the date of the enactment of 
the Pretrial Services Act of 1982, if an appropriate United States 
district court and the circuit judicial council jointly recommend the 
establishment under this subsection of pretrial services in a particu-
lar district, pretrial services shall be established under the general 
authority of the Administrative Office of the United States Courts. 
"(c) The pretrial services established under subsection (b) of this 
section shall be supervised by a chief pretrial services officer se-
lected by a panel consisting of the chief judge of the circuit, the chief 
judge of the district, and a magistrate of the district or their 
designees. The chief pretrial services officer appointed under this 
subsection shall be an individual other than one serving under 
authority of section 3654 of this title.". 
SEC 3. Section 3153 of title 18, United States Code, is amended to 
read as follows: 
"§ 3153. Organization and administration of pretrial 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 position requirements and rate of compen-
sation 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 compen-
sation 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. 
PUBLIC LAW 97-267—SEPT. 27, 1982 
96 STAT. 1137 
"(2) The chief pretrial services officer in districts in which pretrial 
services are established under section 3152(b) of this title is author-
ized, subject to the general policy established by the Director and 
the approval of the district court, to procure temporary and inter-
mittent services to the extent authorized by section 3109 of title 5, 
United States Code. The staff, other than clerical staff, may be 
drawn from law school students, 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 personnel appointed under chapter 231 of this title to 18 use 3651 
perform pretrial services under this chapter. 
^
^ *^9-
"(cXD Except as provided in paragraph (2) of this subsection. Information 
information obtained in the course of performing pretrial services confidentiality, 
functions in relation to a particular accused shall be used only for 
the purposes of a bail determination and shall otherwise be confi-
dential. Each pretrial services report shall be made available to the 
attorney for the accused and the attorney for the Government. 
"(2) The Director shall issue regulations establishing the policy for Regulations, 
release of information made confidential by paragraph (1) of this 
subsection. Such regulations shall provide exceptions to the confi-
dentiality requirements under paragraph (1) of this subsection to 
allow access to such information— 
"(A) by qualified persons for purposes of research related to 
the administration of criminal justice; 
"(B) by persons under contract under section 3154(4) of this 
title; 
"(C) by probation officers for the purpose of compiling pre-
sentence reports; 
"(D) insofar as such information is a pretrial diversion report, 
to the attorney for the accused and the attorney for the Govern-
ment; and 
"(E) in certain limited cases, to law enforcement agencies for 
law enforcement purposes. 
"(3) Information made confidential under paragraph (1) of this 
subsection is not admissible on the issue of guilt in a criminal 
judicial proceeding 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.". 
SEC. 4, Section 3154 of title 18, United States Code, is amended to 
read as follows: 
"§ 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 pre-
trial release of each individual charged with an offense, includ-
ing information relating to any danger that the release of such 
person may pose to any other person or the community, and 
recommend appropriate release conditions for such individual. 
"(2) Review and modify the reports and recommendations 
specified in paragraph (1) of this section for persons seeking 
release pursuant to section 3146(e) or section 3147 of this 18 USC 3146, 
chapter. 
^l^'^-
"(3) Supervise persons released into its custody under this 
chapter. 
96 STAT. 1138 
PUBLIC LAW 97-267—SEPT. 27, 1982 
"(4) Operate or contract for the operation of appropriate 
facilities for the custody or care of persons released under this 
chapter including residential halfway houses, addict and alco-
holic treatment centers, and counseling services. 
"(5) Inform the court and the United States attorney of all 
apparent violations of pretrial release conditions, arrests of 
persons released to the custody of providers of pretrial services 
or under the supervision of providers of pretrial services, and 
any danger that any such person may come to pose to any other 
person or the community, and recommend appropriate modifi-
cations of release conditions. 
"(6) Serve as coordinator for other local agencies which serve 
or are eligible to serve as custodians under this chapter and 
advise the court as to the eligibility, availability, and capacity of 
such agencies. 
"(7) Assist persons released under this chapter in securing 
any necessary employment, medical, legal, or social services. 
"(8) Prepare, in cooperation with the United States marshal 
and the United States attorney such pretrail detention reports 
as are required by the provisions of the Federal Rules of Crimi-
18 use app. 
nal Procedure relating to the supervision of detention pending 
trial. 
"(9) Develop and implement a system to monitor and evaluate 
bail activities, provide information to judicial officers on the 
results of bail decisions, and prepare periodic reports to assist in 
the improvement of the bail process. 
"(10) To the extent provided for in an agreement between a 
chief pretrial services officer in districts in which pretrial serv-
ices are established under section 3152(b) of this title, or the 
chief probation officer in all other districts, and the United 
States attorney, collect, verify, and prepare reports for the 
United States attorney's office of information pertaining to the 
pretrial diversion of any individual who is or may be charged 
with an offense, and perform such other duties as may be 
required under any such agreement. 
"(11) Make contracts, to such extent and in such amounts as 
are provided in appropriation Acts, for the carrying out of any 
pretrial services functions. 
"(12) Perform such other functions as specified under this 
chapter.". 
SEC. 5. Section 3155 of title 18, United States Code, is amended to 
read as follows: 
"§ 3155. Annual reports 
"Each chief pretrial services officer in districts in which pretrial 
services are established under section 3152(b) of this title, and each 
chief probation officer in all other districts, shall prepare an annual 
report to the chief judge of the district court and the Director 
concerning the administration and operation of pretrial services. 
Report to 
The Director shall be required to include in the Director's annual 
congressional 
report to the Judicial Conference under section 604 of title 28 a 
28"usc 604 
report on the administration and operation of the pretrial services 
for the previous year.". 
SEC. 6. The table of sections for chapter 207 of title 18, United 
States Code, is amended by striking out the item relating to section 
3152 and all that follows through the item relating to section 3155 
and inserting in lieu thereof the following: 
PUBLIC LAW 97-267—SEPT. 27, 1982 
96 STAT. 1139 
"3152. Establishment of pretrial services. 
"3153. Organization and administration of pretrial services. 
"3154. Functions and powers relating to pretrial services. 
"3155. Annual reports.". 
SEC. 7. Section 604(a) of title 28, United States Code, is amended 
b y -
(1) striking out "agencies" in paragraph (9); 
(2) striking out "for pretrial services agencies" and inserting 
in lieu thereof "providing pretrial services" in paragraph (10); 
(3) by striking out "pretrial service agencies" in paragraph 
(11) and inserting "offices providing pretrial services" in lieu 
thereof; and 
(4) by striking out "pretrial services agencies" in paragraph 
(12) and inserting "offices providing pretrial services" in lieu 
thereof. 
SEC. 8. During the period beginning on the date of enactment of 18 USC 3152 
this Act and ending eighteen months after the date of the enactment ^°*^-
of this Act, the pretrial services agencies established under section 
3152 of title 18 of the United States Code in effect before the date of Ante, p. 1136. 
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. 18 USC 3141 
SEC. 9. (a) There are authorized to be appropriated, for the fiscal ^tseq. 
year ending September 30, 1984, and each succeeding fiscal year 
Appropriation 
thereafter, such sums as may be necessary to carry out the functions 
ig uscTlsT 
and powers of pretrial services established under section 3152(b) of note, 
title 18, United States Code. 
0)) There are authorized to be appropriated for the fiscal year 
ending September 30,1983, and the fiscal year ending September 30, 
1984, such sums as may be necessary to carry out the functions and 
powers of the pretrial services agencies established under section 
3152 of title 18 of the United States Code in effect before the date of 
enactment of this Act. 
Approved September 27, 1982. 
LEGISLATIVE HISTORY—S. 923 (H.R. 3481): 
HOUSE REPORTS: No. 97-56 accompanying H.R. 3481 (Comm. on the Judiciary) and 
No. 97-792 (Ck)mm. of Conference). 
SENATE REPORT No. 97-77 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 127 (1981): June 18, considered and passed Senate. 
Vol. 128 (1982): May 11, H.R. 3481 considered and passed House; proceedings 
vacated and S. 923, amended, passed in lieu. 
Aug. 20, Senate agreed to conference report. 
Sept. 15, House agreed to conference report.