D. Vt. L.Cr.R. 57.1

(a) Authorized Disclosure. The probation officer prepares and maintains pretrial service

reports, presentence reports, and supervision records for the court’s benefit. These records are

confidential and may be disclosed only if:

(1) the sentencing court authorizes disclosure;

(2) the court determines there is a compelling need for disclosure; or

(3) explicit authority authorizes disclosure.

(b) Probation Officer Not to Testify. Unless compelling reasons are brought to the court’s

attention before a hearing, probation officers must not testify about the contents of any pretrial

services, presentence report or other reports requested by the court and prepared in the course of

the probation officer’s duties.

(c) Questioning by the Court. Unless the court directs otherwise, only the court may question a

probation officer.

(d) Request for Pretrial Services Information. When a probation officer receives a request to

disclose pretrial service records by way of subpoena or other judicial process, the probation officer

must inform the Chief Probation Officer, who must follow the regulations approved by the

Judicial Conference of the United States (The Guide to Judiciary Policy, Vol. 20, Ch. 8).

(e) Request for Presentence or Probation Records.

(1) Generally. When a probation officer receives a request to disclose presentence and

probation records by way of subpoena or other judicial process, the probation officer must

notify the Chief Probation Officer, who must follow the regulations approved by the

Judicial Conference of the United States (The Guide to Judiciary Policy, Vol. 20, Ch. 8).

(2) Request by Correctional Agency. When a correctional agency requests presentence or

probation information about a defendant or an offender who is or has been under

supervision, the Chief Probation Officer must review the request and may release the

information.

(f) Continuing Confidentiality When Sent to Other Agencies. Any copy of the presentence

report and information needed to classify a defendant (e.g., psychiatric reports, violation of

probation reports, etc.) which the court makes available to the U.S. Parole Commission or the

Bureau of Prisons remains a confidential court document. The Bureau of Prisons and the U.S.

Parole Commission must comply with their regulations for the safekeeping and disclosure of

confidential court/agency documents.