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RULE §163.37Reports and Records

(a) Case Records. Community Supervision and Corrections Department (CSCD) directors shall develop and maintain a case record management system for offenders receiving any type of supervision by the CSCD. Each case record shall contain:

  (1) a court order placing the person on community supervision citing all conditions of community supervision;

  (2) a chronological listing of all significant actions, decisions, services rendered, and assessments;

  (3) a written criminal history record or summary issued by a law enforcement agency;

  (4) periodic evaluations;

  (5) if required, a pre-sentence investigation report (PSIR); and

  (6) other documents or information related to the defendant as 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 items relating to medical and psychological information contained in the case record shall be handled in accordance with 37 Texas Administrative Code §163.41, relating to Medical and Psychological Information. Information shall only be released under the 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. 42.12, §§9 and 9A. 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. 42.12, §9(k). The reports and the information obtained in connection with them, are confidential and may be released only to those persons and under those circumstances as authorized by Texas Code of Criminal Procedure, art. 42.12, §§9 or 9A. 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. 42.12., §§9 and 9A 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 shall also forward any additional information that was prepared for a revocation or other hearing and information updating the PSIR.

(f) Interstate Transfer. CSCD directors shall use uniform transfer procedures as provided by and approved by the TDCJ Interstate Compact Office.

(g) Intrastate Transfer. CSCD directors shall use uniform transfer procedures in accordance with 37 Texas Administrative Code §163.35(10), relating to Supervision.

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

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