210 Ind. Admin. Code 1-6-2

Current through September 4, 2024
Section 210 IAC 1-6-2 - Classification of information

Authority: IC 11-8-5-2

Affected: IC 11-8-5-2

Sec. 2.

The department shall collect, maintain, and use only that offender or juvenile personal information that is relevant and necessary to accomplish the statutory purposes of the agency. All offender or juvenile information collected and retained by the department shall be classified in the following manner:

(1) Unrestricted information shall include only information pertaining to an offender that is considered by law to be public information. Certain information normally considered restricted or confidential may be considered unrestricted information if there is a compelling public interest in disclosure. Unrestricted information is accessible by any person upon specific request, with the exception of offenders to whom the information does not pertain or any juvenile.
(2) Restricted information shall include, but is not limited, to the following:
(A) Education, medical, sex offender, substance abuse, disciplinary, criminal, and employment records.
(B) Finger and voice prints.
(C) Photographs.
(D) Institutional summaries.
(E) Psychiatric and psychological reports.
(F) Social history reports.
(G) Progress reports.
(H) Educational and vocational reports.
(3) Confidential information shall include, but is not limited to, the following:
(A) Offender diagnostic/classification reports.
(B) Criminal intelligence information.
(C) Information that, if disclosed, might result in physical harm to that person or other persons.
(D) Information obtained upon promise of confidentiality.
(E) Internal investigation information.
(F) All juvenile records.
(G) Any other information required by law or promulgated rule to be maintained as confidential.
(4) All offender information obtained from other agencies, organizations, or sources shall be held to the same degree of confidentiality as that designated by the generating source.

210 IAC 1-6-2

Department of Correction; Offender Records, Art II; filed Jul 30, 1979, 2:25 pm: 2 IR 1199; readopted filed Nov 15, 2001, 10:42 a.m.: 25 IR 1269; filed Jun 17, 2003, 9:25 a.m.: 26 IR 3539; readopted filed Dec 2, 2009, 2:18 p.m.: 20091223-IR-210090805RFA
Readopted filed 11/15/2016, 1:28 p.m.: 20161214-IR-210160374RFA
Readopted filed 11/28/2022, 2:50 p.m.: 20221228-IR-210220280RFA