(a) Case Records. Each community supervision and corrections
department (CSCD) director shall develop and maintain a case record
management system for offenders supervised by the CSCD. Each case
record shall contain:
(1) the court order placing the person on community
supervision citing all conditions of community supervision;
(2) a chronological listing of all supervision case
activity, decisions, services rendered, and assessments;
(3) a criminal history record or summary issued by
a law enforcement agency;
(4) periodic evaluations;
(5) if required, a pre-sentence investigation report
(PSIR) or post-sentence investigation report; and
(6) other documents or information related to the defendant
deemed appropriate by the community supervision officer or CSCD director.
(b) Case Record Confidentiality. Confidentiality of
case records shall be maintained in accordance with federal and state
laws. Confidential medical and psychological information shall be
handled in accordance with 37 Texas Administrative Code §163.41.
Information shall be released only under circumstances authorized
by law or as directed by the court.
(c) Pre- and Post- Sentence Investigation Reports (Reports).
Unless waived by the defendant, a PSIR shall be completed before the
imposition of a sentence and in accordance with the Texas Code of
Criminal Procedure, art. 42A, Subchapter F. If a PSIR was not completed,
a post-sentence investigation report may be prepared, if directed
by the judge, in accordance with Texas Code of Criminal Procedure,
art. 42A.259. The reports, and the information obtained in connection
with the reports, are confidential and may be released only to those
persons and under those circumstances as authorized by Texas Code
of Criminal Procedure, art. 42A.256. Information contained in the
reports may be disclosed to the Department of Family and Protective
Services to the extent that such information discloses that a child's
physical or mental health or welfare has been adversely affected by
abuse or neglect. Copies of the completed reports shall be maintained
in a defendant's case file and made available for periodic audits,
reviews, or inspections by the Texas Department of Criminal Justice
Community Justice Assistance Division (TDCJ CJAD) staff.
(d) PSIR Format. The TDCJ CJAD format shall be used
for preparing PSIRs. A different format may be used if the content
requirements comply with Texas Code of Criminal Procedure, art. 42A.253
and the format is approved by both the TDCJ CJAD and the court having
jurisdiction over the defendant.
(e) Transfer to the TDCJ. Upon the revocation of community
supervision or an adjudication of guilt, the CSCD shall forward to
the county, for inclusion in the defendant's penitentiary packet,
a copy of the defendant's community supervision conditions, and if
prepared, a copy of the victim's impact statement, and a copy of the
pre- or post- sentence investigation report. The CSCD also shall forward
any additional information that was prepared for a revocation or other
hearing and information updating the PSIR.
(f) Interstate Transfer. CSCD directors shall comply
with the uniform interstate transfer procedures and obtain the approval
of the TDCJ Interstate Compact Office for an interstate transfer of
supervision in accordance with Texas Government Code, Chapter 510
and the Interstate Compact for Adult Offender Supervision Rules.
(g) Intrastate Transfer. Each CSCD director shall comply
with the uniform transfer procedures in accordance with 37 Texas Administrative
Code §163.35(c)(8).
|
Source Note: The provisions of this §163.37 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective December 12, 1999, 24 TexReg 10893; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective March 15, 2015, 40 TexReg 1095; amended to be effective November 21, 2019, 44 TexReg 7058 |