We can only acknowledge what is considered public record. If it involves a violation of law, we will refer you to the appropriate probation officer or the appropriate law enforcement agency.
Title 18 U.S.C. 3564(c) and 3583(e)(1) permit the Court to terminate terms of probation in misdemeanor cases at any time, and terms of supervised release or probation in felony cases after the expiration of one year of supervision if such action is warranted by the conduct of an offender and is in the interest of justice. Early terminations are a rare occurrence and should not be expected.
As ordered by the court, a probation officer conducts a presentence investigation and submits a report to the court prior to sentencing. The purpose of the report is to assist the court in determining an appropriate sentence. It also serves to assist the probation officer in its supervision of the offender and to support the Bureau of Prisons with inmate designation, classification and release planning.
The probation officer independently investigates the specifics of the offense and the offender's criminal background and personal characteristics. The probation officer conducts interviews with the offender, as well as significant others who can provide information about the offender. Interviews are also conducted with the prosecutor, victims, and investigating agents. Home visits are conducted to assess the offender's living conditions. Information regarding familial relationships, education, employment, substance abuse, physical health, mental health, and financial condition is gathered.
After compiling this information, the probation officer preparing the presentence report makes recommendations regarding imprisonment, probation, supervised release, fines, and restitution. The officer also makes a recommendation regarding conditions of release.
You may call the probation department at 212-805-5141 and ask the receptionist which probation officer was assigned to your case.
You should continue to report to Pretrial Services, as directed. The probation officer is assigned to you only for the purpose of preparing a presentence report.
This is only a partial list. The probation officer may direct you to provide additional documentation as needed.
You can be sentenced to a fine, probation or imprisonment. If you are sentenced to probation, you should report to the probation department immediately following sentencing. At the probation department, an officer will review your sentence and all conditions of release with you. Supervision is based on your residence. If you do not live within the Southern District of New York, your supervision will be transferred to the district where you reside.
If you are sentenced to imprisonment, and you are not directly committed to the custody of Bureau of Prisons from court, the judge may allow you to self-surrender to an institution designated by the Bureau of Prisons or to the U.S. Marshal Service. When this happens, you remain subject to the originally imposed bail conditions.
If you are sentenced to a term of imprisonment with voluntary surrender, you must report to the probation department to review your conditions of supervised release. You will be asked to update your contact information, and your fingerprints will be taken. An officer will provide instructions regarding designated facilities once you are designated. This information is shared with Pretrial Services, the prosecutor, and your attorney, once it becomes available.
The Bureau of Prisons is solely responsible for selecting the institution for service of your sentence. It considers, among other things, any recommendations from the sentencing judge, your medical/mental health/substance abuse issues, the geographic area of your residence, security issues, and the population of individual institutions. The probation department has no input in the decision-making process and is unable to change a designation. Neither the Bureau of Prisons nor the U.S. Marshal Service is authorized to release information regarding designations to the public (i.e., offenders, defense counsel, etc.).
Once you have been designated to a facility, you should call the instituion directly for information and directions. Further information is available at the Bureau of Prisons' website.
Presentence reports are confidential documents and will only be released to your attorney (who will share it with you), the prosecutor, the court, and the Bureau of Prisons (if you are sentenced to imprisonment). Absent a court order, no other party is entitled to a copy.
Judgment and Commitment Orders are public information. You may obtain a copy from the Clerks Office at the U.S. Courthouse at 500 Pearl Street, New York, NY (212-805- 0140).