Indiana Administrative Code
Title 210 - DEPARTMENT OF CORRECTION
Article 1 - GENERAL PROVISIONS
Rule 6 - Collection, Maintenance, and Release of Offender and Juvenile Records
Section 6-4 - Inspection rights of offenders and juveniles
Universal Citation: 210 IN Admin Code 6-4
Current through March 20, 2024
Authority: IC 11-8-5-2
Affected: IC 4-1-6-3; IC 4-1-6-8
Sec. 4.
(a) An offender or a person designated in writing by an offender as his or her agent may inspect those portions of the offender's own official record classified as unrestricted and restricted consistent with the following:
(1) The requestor shall provide a valid
picture identification and a signed authorization from the appropriate offender
identifying the person acting as his or her agent and specifying the documents
to be released to the agent.
(2) A
person committed to or under the legal control of the department or on
probation to a court may not act as an offender's agent. If doubt exists as to
the identity of the offender's agent or the validity of the release, the
offender shall be contacted for verification when possible.
(3) The cost of copying records under this
section shall be assessed to the requestor and shall be consistent with
approved schedules.
(4) If the
offender's signed authorization is not on file with the facility or is not
presented upon making the request, the requestor shall be advised that he or
she may obtain such consent from the offender or file a formal request for
access to records with the department.
(5) The requestor shall be advised in the
event the request is denied to direct his or her appeal to the deputy
commissioner of adult operations, who shall notify the requestor of his or her
decision within thirty (30) days. If the deputy commissioner disapproves the
request, an appeal may be taken within thirty (30) days to the commissioner of
the department who shall review the request and notify the requestor of his or
her decision within thirty (30) days.
(b) Release of juvenile records shall comply with the following:
(1) A juvenile may not
access his or her own records or the records of other juveniles or
offenders.
(2) Juvenile records may
be released to a parent or legal guardian upon specific written request unless
the release of such record or records is contrary to the health, welfare, or
safety of the juvenile or others.
(3) A parent or legal guardian committed to
or under the legal control of the department or on probation to a court may not
access a juvenile's record. If doubt exists as to the identity of the
juvenile's parent or legal guardian or the validity of the request, the
juvenile and his or her parent or legal guardian shall be contacted for
verification.
(4) The cost of
copying records under this section shall be assessed to the requestor and shall
be consistent with approved schedules.
(5) In the event a request for access to
records is denied, the requestor shall be advised to direct his or her appeal
to the deputy commissioner of juvenile services who shall notify the requestor
of his or her decision within thirty (30) days. If the deputy commissioner
disapproves the request, an appeal may be taken within thirty (30) days to the
commissioner of the department who shall review the request and notify the
requestor of his or her decision within thirty (30) days.
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