La. Admin. Code tit. 22 § I-101

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-101 - Access to and Release of Active and Inactive Offender Records

A. Purpose. This department regulation establishes the secretary's policy and procedures for access to and release of active and inactive offender records.

B. Applicability. Deputy Secretary, Chief of Operations, Undersecretary, Assistant Secretary, Regional Wardens, Wardens, Director of Probation and Parole and Director of Prison Enterprises. Each unit head shall ensure appropriate unit written policies and procedures are in place to comply with the provisions of this regulation and for conveying its contents to all affected people.

C. Policy. The secretary's policy is access to and release of active and inactive offender records shall be governed in accordance with federal and state laws and by the procedures contained within this department regulation.

D. Definitions

Incarceration Verification (Letter of Incarceration)-a standardized form used to fulfill requests for letters of incarceration, pursuant to R.S. 15:714. The incarceration verification shall contain, at a minimum, the offender's or ex-offender's name, the dates of incarceration or supervision, the admission date, the release date, and the last location of incarceration. The incarceration verification is not to be used as a comprehensive criminal history record. The incarceration verification verifies the period of time an offender/ex-offender was incarcerated or on supervision and is related to the most recent felony charges recorded in the DPS and C system-of-record as of the date of the form's completion. The document is intended to support an individual's successful transition from incarceration or supervision as it relates to employment, healthcare, housing, transportation, or family reunification.

Law Enforcement Agencies-those agencies designed to enforce federal, state or municipal laws and who receive public funds as their primary source for operation, for example: sheriffs' offices, local police departments, and state police, departments of corrections, U.S. attorneys, district attorneys and the Federal Bureau of Investigation (FBI.)

Offender/Ex-Offender-anyone in the physical custody of the Department of Public Safety and Corrections (DPS and C) or under the supervision of the Division of Probation and Parole. For the purpose of this regulation, ex-offenders are those offenders who are no longer in the physical custody of the DPS&C or no longer under the supervision of the Division of Probation and Parole.

E. Release of Information and Records

1. The presentence investigation report, the pre-parole report, the clemency report, the information and data gathered by the staffs of the Board of Pardons and Committee on Parole, the prison record, and any other information obtained by the boards or the department, in the discharge of official duties, shall be confidential, shall not be subject to public inspection, and shall not be disclosed directly or indirectly to anyone, except as in accordance with this regulation.

2. All information pertaining to an offender's misconduct while incarcerated, statistical information, information pertaining to disposition of criminal charges and incarcerations, and information of a general nature (including an individual's age, offense, date of conviction, length of sentence, any correspondence by a public official which requests, or may be determined to be in support of, or in opposition to, the parole or pardon of an offender, and discharge date) shall be released to the general public at any time upon proper request.

NOTE: This provision shall not apply to any public official correspondence which requests, or may be determined to be in support of, or in opposition to, the parole or pardon of an offender which was received prior to August 15, 1997.

3. Except as noted below, any communication with the Committee on Parole or Board of Pardons urging parole, pardon, clemency, commutation of sentence, or otherwise regarding an offender shall be deemed a public record and subject to public inspection.

EXCEPTION: Any letter written by, or on behalf of, any victim of a crime committed by an offender under consideration for parole, pardon, clemency, or commutation of sentence, or any letter written in opposition to parole, pardon, clemency, or commutation of sentence shall be confidential and shall not be deemed a public record and subject to public inspection.

This exception shall not apply to letters written by any elected or appointed public official, meaning: these letters are not confidential and may be released in accordance with Paragraph E.2 of this Section.

4. Information on a particular offender may be released without special authorization, subject to other restrictions that may be imposed by federal law or by other provisions of state law, to the following:

a. Committee on Parole;

b. Board of Pardons;

c. governor;

d. sentencing judge;

e. district attorneys;

f. law enforcement agencies;

g. DPS and C personnel, including legal representatives and student workers;

h. appropriate governmental agencies or public officials, when access to such information is imperative for the discharge of the responsibilities of the requesting agency, official, or court officer and the information is not reasonably available through any other means; and

i. court officers with court orders specifying the information requested.

5. Fingerprints, photographs, and information pertaining to arrests and disposition of criminal charges, as well as information regarding escapes, may be released to law enforcement agencies without special authorization.

6. The unit head or designee may approve the reading but not copying, of confidential information by the following:

a. social service agencies assisting in the treatment of the offender or ex-offender; or

b. approved researchers who have guaranteed in writing anonymity of all subjects.

NOTE: No information shall be given or shall be allowed to be read without the offender's or ex-offender's written consent to the release of the information.

7. The unit head or designee may approve the selective reading (but not copying) of information by a private citizen or organization aiding in the rehabilitation of, or directly involved in the hiring of, the offender or exoffender under the following conditions:

a. It appears the withholding of the information would be to the offender's or ex-offender's disadvantage;

b. The requested information is necessary to further the rehabilitation or the likelihood of hiring the offender or ex-offender;

c. The requested information is not reasonably available through other means.

NOTE: No information shall be given or shall be allowed to be read without the offender's or ex-offender's written consent to the release of the information.

8. Each unit head or designee shall utilize a consent to release information for the purpose of releasing information pursuant to Paragraphs E.6 and 7 of this Section, and a copy shall be placed in the offender's master prison record.

F. Release of Information Regarding Registered Crime Victims

1. Both the information contained in a Victim Notice and Registration and the fact that a notification request exists are confidential. Any questions from outside the department about whether or not particular individuals have requested notification or whether or not there has been a notification request for particular offenders shall be referred to the Crime Victims Services Bureau.

2. See established policy and procedures for additional information.

G. Subpoenaed Records

1. Whenever records of an offender or ex-offender are subpoenaed, they shall be submitted to the appropriate court for a ruling to determine whether or not the information should be turned over to the party who caused the subpoena to be issued. The court shall make this determinate in camera. If the court makes any one of the following determinations, the information shall be withheld:

a. the information is not relevant to the proceedings; or

b. the information was derived from communications which were obviously made in the confidence that they would not be disclosed; or

c. the confidentiality is essential to the future useful relations between the source and the recorder of the information.

2. Should the court authorize disclosure of the records in accordance with the subpoena, the party who caused the subpoena to be issued shall pay a fee for the cost of production of the records in accordance with R.S. 39:241, unless the court determines that the party has been granted pauper status in accordance with law. (See established policy and procedures for additional information.)

H. Records Not Subpoenaed Submitted to the Courts for Review

1. The department reserves the right to submit any record to the appropriate court for a ruling as to whether or not the information should be provided to the party requesting the information.

I. Access and Release of Medical Records

1.R.S. 44:7 and established policy and procedures shall govern access to and release of offender medical records.

J. Department's Access to Information and Records of Other Agencies

1. During the course of any investigation which the department is legally authorized to conduct, or for the purpose of rehabilitation of offenders or ex-offenders, the department shall have access to information and records under the control of any state or local agencies which records are reasonably related to the investigation or rehabilitation of the offender.

K. Offender Access to Records

1. Information contained in the offender's record shall be confidential and shall not be released to the offender except in accordance with this regulation.

2. An offender may have access to his master prison record, a sentence computation worksheet, any court documents that are related to the term of his instant incarceration, non-confidential unusual occurrence reports, disciplinary reports, and information related to educational achievements and participation.

3. Letter of Incarceration. An offender or ex-offender who was or is confined to any Louisiana prions, jail, work release facility, or correctional institution or who was or is under probation or parole supervision is entitled to receive, upon request, a Letter of Incarceration, which document shall provide documentation, verification, or proof the offender's or ex-offender's confinement in the prison, jail, work release facility, or correctional institution or supervision while on probation or parole.

a. Within seven days of receipt of a request, the offender or ex-offender shall be provided with a letter of incarceration, utilizing the Incarceration Verification.

b. The warden at each facility shall designate personnel responsible for completing the form for those individuals who are incarcerated at, or who release from, their respective facilities.

c. The probation and parole director shall designate personnel responsible for completing the form for those individuals who are on active supervision or who have completed supervision by the Division of Probation and Parole.

d. The chief of operations shall designate personnel responsible for completing the form for those individuals who are incarcerated at, or who release from, local-level basic jail guidelines (BJG) facilities.

e. If a releasing offender requests an Incarceration Verification, it shall be included in the transition document envelope for individuals releasing with them from secure custody, in accordance with established policy and procedures.

4. An offender may view and make notes of his State Police and/or FBI rap sheet, but shall not be given a copy.

5. An offender shall not have access to another offender's active or inactive records.

6. The following is a non-exhaustive list of additional information which shall not be accessible to the offender:

a. presentence reports;

b. post-sentence reports;

c. pre-parole reports;

d. clemency investigations;

e. information revealing or tending to reveal the identity of confidential informants;

f. admission summary;

g. correspondence from any non-departmental source directed solely to institutional officials;

h. correspondence or inquiries originated by institutional personnel;

i. investigations conducted by non-departmental agencies, for example: District Attorney, State Police, FBI, etc.;

j. investigations conducted by Corrections Services;

k. non-disciplinary, court-related institutional investigations; and

l. correspondence from victims or witnesses, including Victim Notice and Registration.

NOTE: Each unit head shall ensure written procedures are established for offenders to follow when requesting copies of documents from their records and the fees charged for such copies as stated in Subsection K. of this Section.

L. Information Requests

1. Verbal requests for information are acceptable to the extent a verbal request complies with this regulation. However, the unit head or designee shall reserve the right to require a written request before releasing any information. In that case, the individual or entity making the request shall certify in writing that they shall not release the information to any other individual or entity.

M. Fees

1. The fee schedule for copies of public records is set in accordance with established policy and procedures.

La. Admin. Code tit. 22, § I-101

Promulgated by the Department of Corrections, Office of the Director, LR 2:107 (April 1976), amended by the Department of Public Safety and Corrections, Corrections Services, LR 30:75 (January 2004), repromulgated LR 30:264 (February 2004), amended LR 35:85 (January 2009), Amended by LR 47888 (7/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 44:7, 15:540-542, 15:546-548, 15:549(C), 15:574.12, 15:840.1, C.Cr.P. Art. 877 and 894.1