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US · rules

N.D.N.Y. L. R. Cr. P. 5.1

Notice of Arrest

activein force · 2022-01-01 – presentact-effective-date

(a) Notice of Arrest of Parole, Special Parole, Mandatory Release or Military

Parole Violators. As soon as practicable after taking into custody any person charged with a

violation of parole, special parole, mandatory release, or military parole, the United States

Marshal shall give written notice to the Chief Probation Officer of the date of the arrest and the

place of confinement of the alleged violator.

(b) Notice of Arrest of Probation or Supervised Release Violators. As soon as

practicable after taking into custody any person charged with a violation of probation or

supervised release, the United States Marshal shall give written notice to the Chief Probation

Officer, the United States Attorney, and the Magistrate Judge assigned to the case of the date of

the arrest and the place of confinement of the alleged violator.

(c) Notice of Arrest by Federal Agencies and Others. It shall be the duty of the

United States Marshal to require all federal agencies and others who arrest or hold any person as

a federal prisoner in this District, and all jailers who incarcerate any such person in any jail or

place of confinement in this District, to give the United States Marshal notice of the arrest or

incarceration promptly.

As soon as practicable after receiving notice or other knowledge of any such arrest or

incarceration anywhere within the District, the United States Marshal shall give written notice to

the Magistrate Judge at the office closest to the place of confinement and to the United States

Attorney and the pretrial services officer of the date of arrest and the prisoner's place of

confinement.

(d) Preparation of Pretrial Services Report. Pursuant to 18 U.S.C. §3154(1), upon

notification of a new arrest, the Probation Office shall prepare a Pretrial Services Report

pursuant to Criminal L.R. 46.1, also known as a bail bond report, for each defendant making an

initial appearance before a Magistrate Judge on all criminal complaints, informations and

indictments. Immediately following an arrest, the agency effecting the arrest, or the U.S. Marshal

Service, shall notify the Probation Office of the arrest, and unless extraordinary circumstances

exist, initial appearances shall be scheduled so as to provide the Probation Officer two hours to

interview the defendant, conduct a brief investigation, and prepare a Pretrial Services Report for

the judicial officer. Pursuant to 18 U.S.C. § 3154, Pretrial Services Reports are not public

records, are not to be reproduced or disclosed to any party, other than the government and

attorney for the defendant, and the Court, and they shall remain confidential. Pretrial Services

Reports may not be used for any other purpose than bail proceedings unless authorized by the

Court. Pretrial Services Reports shall be lodged, not filed, on CM/ECF and are not available for

public inspection. The ECF system will generate a notice of electronic filing to counsel for the

USA, counsel for the specific defendant, to the presiding judge, and the active magistrate judges.

History

amended January 1, 2022

Provenance

Source
www.nynd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
cac934c2f938967de52f1c1b88e0266fcfd0e4faf4b9934662c1588701ff2948
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