La. Admin. Code tit. 22 § V-125

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

Section V-125 - Records Management and Confidentiality of Information

A. Records Management and Retention

1. The board shall implement a records management program to ensure all Board of Pardons vital records are stored managed, and disposed of in accordance with state law. The board shall use the records retention schedule created and maintained by the Department of Public Safety and Corrections, Corrections Services.

B. Confidentiality

1. The presentence investigation report, the pre-parole report, the clemency investigation, the information and data gathered by staff of the board, the prison record, and any other information obtained by the board or the Department of Public Safety and Corrections, in the discharge of their official duties shall be confidential and shall not be subject to public inspection or be disclosed directly or indirectly to anyone except as provided by these rules and La. R.S. 15:574.12, and regulations of the Department of Public Safety and Corrections.

C. Release of Information - Sex Offenders

1. board is authorized to release to the public the following information regarding sex offenders:

a. name and address;

b. crime of conviction and date of conviction;

c. date of release on parole or diminution of sentence;

d. most recent photograph available; and

e. any other information that may be necessary and relevant for public protection.

2. Verbal requests for such information are acceptable.

3. The chairman of the board or his or her designee may require a written request before releasing any information.

4. The board cannot release any information regarding victims or witnesses of sex crimes to the sex offender or the general public.

D. Release of Information - Minor Victim(s)

1. In addition to any other information authorized to be released, the board may, pursuant to R.S. 15:546, release information concerning any inmate under the jurisdiction of the board who is convicted of any sex offense or criminal offense against a victim who is a minor, or who has been determined to be a sexually violent predator.

E. Release of Information - Criminal Convictions

1. The board may disseminate information regarding an offender's criminal convictions without restriction.

F. Other information regarding an offender's criminal history records, including nonconviction history may only be released subject to the restrictions outlined in R.S. 15:548. Unless the request is made by a representative of a criminal justice agency or a juvenile justice agency, such information shall, under normal circumstances, be released only pursuant to a written request.

G. The board shall be immune from liability for the release of information concerning any sex offender, sexually violent predator, or child predator.

La. Admin. Code tit. 22, § V-125

Promulgated by the Office of the Governor, Board of Pardons, LR 39:2253 (August 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:574.2 et seq., R.S. 15:535 et seq., and R.S. 15:540 et seq.