Current through March 20, 2024
Authority: IC
11-8-5-2
Affected: IC
4-1-6-8; IC
4-1-6-8.6
Sec. 6.
(a) Courts
and personnel authorized by a court shall have access to offender and juvenile
records consistent with the following:
(1) All
court orders pertaining to offender and juvenile records shall cause such
records to be copied or released by the records supervisor immediately pursuant
to the terms of the court order and the following:
(A) The record repository shall reflect in a
manner prescribed by the department the whereabouts of records so removed and
when they were removed and the name of the employee authorizing the transfer of
the record from the department to the court.
(B) No offender or juvenile record or
documents contained therein shall be altered or omitted prior to or during the
transmittal of the official record to the court.
(2) If access to an offender's or juvenile's
record was granted under compulsory legal process other than that initiated by
the offender or juvenile, reasonable effort shall be made to notify the
offender or juvenile prior to release of the information.
(b) An attorney representing an offender,
juvenile, or a juvenile's parent or legal guardian may have access to a
client's records consistent with the following procedures:
(1) If the attorney is requesting a review
and copies of the official record, then the attorney shall be charged for the
cost of reproductions consistent with approved schedules.
(2) The attorney may have access to
unrestricted and restricted information in the offender's record to the same
extent as the offender. An attorney representing a juvenile or the parent or
legal guardian of a juvenile shall have access to any information in the
juvenile's official record unless release of such information is contrary to
the health, welfare, or safety of the juvenile.
(3) Access by an attorney to confidential
records in the offender's official record shall be accompanied by a court order
specifying the documents to be released.
(c) Release to a person or agency providing a
lawful service on behalf of the department, or related to or on behalf of an
offender or juvenile in response to a written request, shall be limited to
those documents related to the service performed and shall include confidential
and restricted information consistent with this rule or as otherwise permitted
by law, including the following:
(1) Upon
release of such information or the providing of duplicate copies, the material
shall be clearly marked as to how the information is classified.
(2) A record shall be made by the records
supervisor of all such inspections noting the following:
(A) The requestor's name, agency, or function
represented.
(B) The purpose of the
request.
(C) The date access was
granted.
(D) The name of the person
granting access.
This record shall be then made a part of the offender's
record.
(3) Such
access shall be limited to law enforcement agencies performing a criminal
investigation or agencies providing a lawful service to the department or
offender or juvenile wherein the direct benefit to the offender or juvenile is
clearly indicated.
(d)
Unless otherwise previously specified in this rule, release of offender records
shall be restricted to information classified as unrestricted unless there is a
compelling public interest in releasing specific portions of the material
classified restricted or confidential. Such a request shall be immediately
forwarded to the division or facility head responsible for keeping these
records for the final decision to release information so classified. A written
notice of such a release shall be incorporated into the offender's or
juvenile's record in the same manner prescribed in the prior section.
(e) All authorized department personnel or
contract personnel who have an official interest in an offender's or juvenile's
records as a consequence of statutory functions or department responsibilities,
delegated or otherwise, shall have appropriate access to offender and juvenile
records.
