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Information contained in case files of offenders is considered
confidential and not open to public view. Because judges have
the ultimate direction and control over the supervision and rehabilitation
of offenders, the CSCD maintains those records solely on behalf
of the court. Records of persons on community supervision are
therefore records of the judiciary and are not subject to the
Open Records/Public Information Act. The fact that a person is
under supervision and for what offense may be released by the
CSCD.
Material that is considered public record generally includes
information on the judgment, conditions of supervision, and other
documents filed in the District Clerk's Office.
Valid and legal claim to information may exist when the request
originates from a law enforcement agency, a prosecutor (including
those from other counties), the Attorney General's Office, an
agency of the federal government, a judge with a valid interest
in the defendant, or another CSCD conducting supervision or a
pre-sentence investigation. These requests for information may
be honored without having the probationer sign a release form.
A probationer and/or defense attorney may only view a pre-sentence
report from the file at the time of sentencing; no other file
material will be shown unless so ordered by the court. Victims
have special rights not accorded other individuals, and may have
access to additional information. For further information on the
Victim Services Program, visit the
Texas Department of Criminal Justice website.
Some information about an offender may be obtained with a release
of information form. The form must specifically state what information
is being requested, who the information will be released to,
and the form must be signed and dated by the offender. This type
of release is generally used when an offender wants information
about his or her supervision shared with a family member or significant
other, or outside agency. A family member or other interested
person may not have access to information in the probationer's
file without written consent of the offender, and even with a
signed consent form, because the files are judicial records,
only limited information will be released.
The supervision officer may also have the offender sign a release
form so that the officer can obtain information from an outside
agency in order to better supervise the offender. This information
may include medical records, records from treatment for mental
or emotional disorders, substance abuse treatment information,
and information pertaining to employment or education.
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