Frequently Asked Questions (FAQs)

Select from the categories below to view a list of the most common bankruptcy questions. If you have a question that isn't addressed from the list of FAQs, please contact us.

• General

  How long is a person on probation?

  Typically, probation lasts anywhere from one to three years, but can last longer and even up to life depending on the type of conviction, such as drug or sex offenses.

  What are some examples of the terms or conditions of probation?

  A person who is placed on probation is usually required to report to a probation officer and follow a variety of conditions during the probation period. Specific conditions may include:

  • Regularly meeting with your probation officer at set times;
  • Appearing at any scheduled court appearances;
  • Paying fines or restitutions (monies to victims);
  • Avoiding certain people and places;
  • Not traveling out of state without the permission of your probation officer;
  • Obeying all laws, including minor laws such as jaywalking;
  • Refraining from illegal drug use or excessive alcohol use; and/or
  • Submitting to drug or alcohol testing.

  Typically, the conditions imposed relate to the type of criminal offense. For example, a judge may require you to submit to periodic drug testing or attend a drug rehabilitation program for a drug-related offense. Similarly, a judge may require that you avoid specific people or group members for a gang-related or battery type of offense.

  Individuals on supervision are required by the Court to abide by certain rules. These rules are called the Standard Conditions of Supervision. They are basically the same whether the person is on probation, parole, military parole, mandatory release, or supervised release.

  For a list of conditions, see the the Standard Conditions of Supervision.

  What are the federal holidays?

  The Las Vegas and Reno probation offices are closed on federal holidays. Visit the Federal Holidays page to see the closure dates for this year.

  I have been released from federal prison, how soon do I have to report for supervision?

  Once released from custody, you are required to report to your assigned Probation Officer within 72 hours of release, which includes weekends and holidays. Please call (702) 527-7300 between 8:00 AM and 4:30 PM, for instructions on where to report. If you have been convicted in another district, please contact the U.S. Probation Office in the district in which you have been convicted.

  Failure to report will constitute grounds for a violation of supervised release.

  What happens if I violate my probation?

  A probation violation occurs when you break any of the rules or conditions set forth in the probation order at any time during the probation period. When a potential violation is discovered, your probation officer has the discretion to simply give you a warning, or require you to attend a probation violation hearing. If a judge determines that you violated your probation, you may face additional probation terms, heavy fines, a revoked probation, jail time, or more.

  What's the difference between probation, parole and supervised release?

  Probation is a term of community supervision imposed by the Court in lieu of a prison sentence.

  Parole is a period of community supervision imposed by the U.S. Parole Commission to be completed after release from a prison term. The U.S. Parole Commission’s jurisdiction is limited to offenders who committed offenses prior to November 1, 1987, and certain Washington D.C. offenders.

  Supervised Release is a period of community supervision imposed by the Court to be completed after release from jail or prison sentence.

  Will my probation officer come to my home or workplace?

  Yes. The United States Parole Officer (USPO) shall make both home and workplace visits to ensure compliance with condition of supervision and to assess your adjustment at home and in the community.

  I am on probation/supervised release. Am I allowed to leave the state?

  The District of Nevada is comprised of sixteen (16) counties. You are allowed to travel freely within these 16 counties. Unless you are given permission in advance by the judge in your case, any requests to travel outside of these 16 counties must be approved in advance by your U.S. Probation Officer. Failure to do so may result in a violation of your supervision.

  How can I get off of supervision early?

  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.

  If you have been convicted of a serious felony and/or have a history of violence, your case will not be considered for early termination.

  I have an urgent issue and my officer is not available. What should I do?

  In the event you need immediate assistance and your supervision officer is unavailable, call the office and ask to speak to the duty officer.

  What type of identification do I need when reporting to the probation office?

  All persons entering the United States Courthouse must present a valid picture ID (this includes U.S. Probation issued ID card) and are required to pass through a magnetometer and have all belongings and packages subject to physical and/or x-ray examination. If an offender is reporting his/her release from an institution or community corrections center, please bring any release papers with you given by the institution.

  What is a presentence report?

  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.

  For more information about the presentence process, please visit Understanding the Presentence Process or Entendiendo el Proceso Precondenatorio.

  How do I obtain a copy of my presentence report?

  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. More information can be found at Rule 32 - Presentence Reports.

  How do I apply for a pardon?

  Please read Applying for a Pardon for more information about how to qualify for and apply for a pardon.

  How do I pay for financial penalties?

  Please read Paying Financial Penalties for information about paying fines, restitution and or the Crime Victim's Fund assessment.

  What is the procedure for the drug testing program also known as Code-A-Phone Answering Service?

  Code-A-Phone is a random urinalysis system that requires participants to call the hotline on a daily basis, listen for a designated number and report to the required location on the specified day for submission. You are to remember your designated number to ensure you report on the proper day.

  I have a family member/friend who is scheduled to be released from prison. They were convicted in federal court in another district or state but want to reside in the District of Nevada. How can his/her case be transferred?

  The offender must request transfer of jurisdiction through his/her Bureau of Prisons Case Manager. When the request is made by the case manager, the U.S. Probation Office will conduct an investigation to determine whether the offender may transfer and report its findings to the Bureau of Prisons. The transfer of jurisdiction may only occur with approval from the district that would receive and supervise the offender.

  I am an employer and I want to know if a prospective employee has been convicted of a crime, can you run a background check?

  The U.S. Probation Office is restricted from disclosing information to the public. However, most convictions are generally available in public records. These records are maintained by the U.S. District Court Clerk.

• Electronic Supervision Reporting

  What is Electronic Supervision Reporting?

  The Electronic Reporting System (ERS) allows clients to submit their monthly reports electronically. Clients can also attach documents (i.e., pay stubs, bank statements, proof of address, or other required documents) via the ERS console.

  Clients must be registered in ERS by their probation officer. Once the account is set up, the client will receive an email with a user name and password. The first time clients log into their account, they will be required to update some account information (this does not occur after the first login).  Upon successful completion of the electronic monthly report, the assigned probation officer will be promptly notified.

  What is the web site URL for Electronic Supervision Reporting and how do I login?

  Electronic Supervision Reporting is located at https://supervision.uscourts.gov/websr/logon.aspx.

  To begin using the site, enter your User ID and Password in the appropriate fields and click Login.

  Please report any account User ID/Password issues to your supervision officer.

  Please reference Supervision Reporting by Internet for further instructions on how to complete your monthly report and attach documents.

  What if I do not have access to a computer?

  If you do not have access to a computer, you may complete your report at the U.S. Probation Office.

  By what day of the month must my probation officer receive my written monthly report?

  The written monthly report is due to the USPO by the fifth day of each month.

• Vendors

  What is a Blanket Purchase Agreement (BPA)?

  A Blanket Purchase Agreement (BPA) is a "charge account" arrangement, between a buyer and a seller for recurring purchases of services. BPAs are not contracts and do not obligate government funds in any way. A contract occurs upon the placement of a call or referral from the Probation/Pretrial Services Office and the vendor's acceptance of the referral.

  Can I be placed on a list to be notified of future solicitations?

  No, we do not maintain an interest list for future notifications. The United States Probation Office commences solicitations for treatment services in March of each year. Please contact our office, or check our website in the Spring for information regarding current solicitations.

  How do I complete the Request for Proposal (RFP) correctly and what are the requirements?

  We cannot assist in preparing the RFP. The requirements for services provided are listed in Section C, which is the Statement of Work. The instructions for submission of the RFP are outlined in Section L.

  What is "piggybacking"?

  The BPA contains language in Section C which allows for Probation and Pretrial Services to utilize services from a vendor on a BPA without going through a competitive process. This process is called "piggybacking."

  Is it possible to solicit for partial services of the Request for Proposal (RFP) rather than for all services?

  A vendor must be able to provide all of the services in Section B. A vendor can subcontract services which they cannot provide. The vendor is responsible for paying their subcontractor. In addition, the primary contractor is responsible to the judiciary to ensure that the subcontractor is complying with the requirements of this contract/agreement. Please refer to Section I-1 (Subcontracting) of the Request for Proposal (RFP).

  What if I do not have an existing treatment site in a particular catchment area but would be willing to put a program together if awarded the BPA- can I submit an RFP?

  No. In order to be found technically acceptable the proposing agency must have an existing program in place by the submission deadline date of the RFP, not the BPA award date.

  What do EMQs mean?

  "EMQs" are estimated monthly quantities of requested treatment services. EMQs are designed by day, 30 minute increments, or event, depending on the service. Section C outlines this by project code, which is the number that is assigned to a particular treatment service listed in Sections B and C. For example, residential EMQs are based on 30 days of treatment per offender per month, so 150 units is an estimate of the need for providing approximately five (5) defendants/offenders with residential treatment in a particular catchment area per month.

  With regard to outpatient treatment, such as individual or group counseling, the EMQs refer to 30 minute increments per service. For example, if the EMQ for project code 2021 (Cognitive Behavioral Group) is estimated at 360 units per month (groups are generally 1.5 hours or "3" units in length), then it is estimated that 30 clients will be referred and/or participating in groups during any given month.

  EMQs are requested for a three-year period because the total duration of the BPA, including the exercise of two 12-month options, total a three-year period.

  EMQs represent the total monthly quantities to be ordered per service item under the BPA. Each vendor on the BPA may receive a share of the total quantity stated. However, EMQs are estimates only and do not bind the government to meet these estimates (Section B-1).

  What do the asterisks and checked services mean in Section B?

  The checked items are services we require. The checked services with an asterisk are identified as local services and are detailed in our Local Services located in Section C of the Statement of Work.

  Can the date for the RFP be extended?

  The deadline for submission of completed RFPs is final (once determined).

  In order to comply with state substance abuse licensure requirements, I must complete an intake assessment on each individual referred for services. The USPO didn't authorize an intake assessment on the program plan. Can I complete an assessment and charge for it anyway? Can I refuse to begin treatment until the USPO authorizes an intake assessment?

  No and No. The Blanket Purchase Agreement (BPA) between the vendor and the U.S. Probation/Pretrial Services Office states on page C-1, "The vendor shall provide services strictly in accordance with the Program Plan for each defendant/offender. The government shall not be liable for any services provided by the vendor that have not been authorized for that defendant/offender in the program plan."

  Oftentimes, a USPO has enough supporting documentation regarding an offender's substance abuse history that it is not necessary for the USPO to request an assessment to know that an offender/defendant is in need of treatment. USPO's have at their disposal a presentence investigation report, institutional treatment and adjustment reports, and they have also administered the Texas Christian University Drug Screen (TCUDS) prior to making the treatment referral.

  If the vendor must complete an assessment for state licensure purposes, the vendor shall still complete an assessment. The vendor may not, however, charge the government for this assessment. If the USPO has authorized individual counseling sessions, it would be appropriate for the vendor to spend the initial counseling sessions completing the state required assessment. If the USPO has not authorized individual counseling sessions, the vendor must complete the state required assessment on the vendor’s time. The vendor should factor this possible scenario into the price bid for services during the contract solicitation cycle.

  What is a Probation Form 45?

  The Probation Form 45 (Prob 45) is the treatment services program plan. The United States Probation Office and Pretrial Services Office (hereafter USPO/USPSO) will provide a Program Plan (Prob 45) for each defendant/offender that authorizes the provision of services. The vendor shall provide services strictly in accordance with the Program Plan for each defendant/offender. The Judiciary shall not be liable for any services provided by the vendor that have not been authorized for that defendant/offender in the Program Plan.

  The vendor shall not amend services without first obtaining an amended Program Plan from the USPO or USPSO authorizing such changes to a defendant/offenders treatment plan.

  Can a secure database be set aside only for your clients along with having a file for each person??

  Yes. Please reference section C of the Statement of Work, “Deliverables”, paragraph a. (1) (a), which states in part “the vendor shall maintain a secure filing system of information on all defendants/offenders to whom the vendor provides services under this contract/agreement. If information is maintained electronically, the vendor shall make a hard copy of all files available for review immediately upon request of the USPO/USPSO or designee. Additionally, the vendor must segregate defendant/offender files from other vendor records.

  Is the vendor required to provide drug testing supplies?

  No. U.S. Probation and Pretrial Services Offices will provide all drug testing supplies, including the Non-Instrumental Drug Testing Devices (NIDT's), Breathalyzers, mouthpieces, and refractometer (to measure specific gravity). The vendor, however, will be required to purchase their own gloves.

  On a positive drug test will your agency provide postage for sending the tests to the labs?

  The Probation Office will provide the vendor with all essential packaging material to ship positive samples to the National Drug Testing Laboratory (e.g., shipping bags, specimen bottles, boxes, and pre-paid billing stamps).

  Our state's licensing agency wants to review our federal files as part of our licensing audit, I know the federal files must be maintained as confidential. Can I let the state auditors review the federal files?

  Whether an entity seeking to conduct an audit or evaluation is permitted to do so is a matter that each vendor must resolve under the federal regulations discussed below.

  1. The HIPAA Privacy Rule Section 164.512 of the HIPAA privacy rule sets forth "Uses and disclosures for which an authorization or opportunity to agree or object is not required." 45 C.F.R. § 164.512. Among such allowed disclosures are those for "health oversight activities":

  (d)Standard: Uses and disclosures for health oversight activities -
  
  (1)Permitted disclosures. A covered entity may disclose protected health information to a health oversight agency for oversight activities authorized by law, including audits; civil, administrative, or criminal investigations; inspections; licensure or disciplinary actions; civil, administrative, or criminal proceedings or actions; or other activities necessary for appropriate oversight of: (i) The health care system;
  
  (ii) Government benefit programs for which health information is relevant to beneficiary eligibility;
  
  (iii) Entities subject to government regulatory programs for which health information is necessary for determining compliance with program standards; or
  
  (iv) Entities subject to civil rights laws for which health information is necessary for determining compliance.

  The privacy rule defines "health oversight agency" as follows: Health oversight agency means an agency or authority of the United States, a State, a territory, a political subdivision of a State or territory, or an Indian tribe, or a person or entity acting under a grant of authority from or contract with such public agency, including the employees or agents of such public agency or its contractors or persons or entities to whom it has granted authority, that is authorized by law to oversee the health care system (whether public or private) or government programs in which health information is necessary to determine eligibility or compliance, or to enforce civil rights laws for which health information is relevant (source 45 CFR § 164.501).

  Are you expecting all clients to have a physical examination? Also, what do we do about the cost of medications? Seeing a physician when ill, etc.?

  No, we do not expect you to do physical exams or blood collection. As far as medication, it depends what it is. The probation officer should be working with the client to make sure that they enroll in a health plan so they may take care of these matters on their own. However, if the client is struggling to locate resources, they may contact the probation officer who will evaluate their finances to determine if they are indigent prior to finding a health plan.

  Please clarify any information you would like to be included about the agency (history, programming, cultural expertise, etc...).

  The RFP, while generic in many ways, provides detailed and specific instructions for successful completion. The vendor is in the best position to decide what information to provide while following these instructions.

  We are a new business and have not been inspected, monitored, or certified by federal, state, or local authorities. Are we excluded from submitting an RFP since we will be found technically unacceptable for not submitting these documents?

  No. New businesses that have not had inspections, monitors, etc. are not excluded from bidding. For this requirement, respond that you are a new business and have not gone through any of these processes in the past.

  Please note that if you are the new owner or manager of a business that has been monitored or inspected and you have access to those records, they should be submitted.

  An offender in services at my agency has requested that I disclose his/her treatment records to a third party. Can I do this? Do I have to get the permission of the probation office first?

  The Health Insurance Portability and Accountability Act of 1966 (“HIPPA”) allows federal vendors to provide individual federal clients access to their records or, alternatively, to request that a provider "mail a copy of the protected health information at the individuals request" [Title 45 C.F.R. 164.524(c)(3)]. Vendors may release treatment information directly to requesting third parties in accordance with HIPPA regulations. Vendors should be aware, however, pursuant to Page C-45(b)(1) through (7) of the Blanket Purchase Agreement, the vendor is still required to notify the United States Probation or Pretrial Services Office of any request for treatment information prior to making the disclosure. For complicated matters or specific questions, it is recommended that vendors seek legal advice from your own counsel since HIPPA compliance is ultimately your obligation. Vendors may also allow defendant/offender access to their treatment records in accordance with HIPPA regulations.

  My BPA with the probation office says I have to keep all federal files separate from other client files. Does this mean that I also can’t put federal offenders/defendants in services with other clients?

  No. You are correct that your BPA requires that, "The vendor shall segregate defendant/offender files from other vendor records." This separation is required only for the actual treatment files, not the clients themselves. The vendor may place federal defendants/offenders in group counseling sessions with other non-federal clients. For example, a cognitive-behavior treatment group of federal offenders and state offenders would be appropriate under this contract. The vendor should, however, check with other contracted agencies to ensure those agencies are in agreement with such a "mixed' group. The vendor would also be cautioned about placing federal offenders/defendants in a group with noncriminal justice clients.

  I have been subpoenaed by a defendant/offender’s attorney to testify in court. How to I proceed?

  If you are requested or subpoenaed by an attorney to appear in court, you should immediately contact your assigned contract specialist. The BPA with the probation/pretrial services office does provide in section C for the event of vendor testimony. Your contract specialist will guide you through this process.

  Do we have to use your forms for our staff qualifications or can we use our own?

  You may use your own form as long as it contains all of the required information.

  Who do you want us to use as references and can we use US Probation and Pretrial Services as a reference?

  With respect to references, you cannot use us. You can use any other company or local CSO for whom you provide services. We are not looking for individual clients you have served.

  Can defendants/offenders attend the same treatment groups with established clients, or do they require their own group?

  Federal clients can attend groups with other established clients. They do not require their own separate groups. Federal client files, however, must be kept separately from all other client files.

  Can an assessing agency also provide treatment or must they refer if they are the assessor?

  In all cases we have included a project code for the assessment and project codes for individual and group treatment. In other words, the same agency can do the assessment as well as the recommended treatment.

  Would a vendor have to live in the catchment area?

  No, a vendor is not required to reside in the catchment. The cost of travel into the catchment area will need to be factored into the unit cost.

  How many polygraphs will be scheduled each month?

  The estimated monthly quantity expected to test each month is listed on page B -2 of the polygraph.