US · rules
N.D.N.Y. L. R. Cr. P. 5.1
Notice of Arrest
(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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