c.The requested information is not reasonably available through other means.
NOTE: The offender or ex-offender must give written consent to release the information.
8.Each unit head or designee shall utilize a Consent to Release Information for the purpose of releasing information pursuant to Sections D. 6 and 7 of this regulation and a copy shall be placed in the offender's master prison record.
E.Release of Information Regarding Registered Crime Victims
1.Both the information contained in a Victim Notice and Registration Form and the fact that a notification request exists are confidential. Any questions from outside the department about whether particular persons have requested notification or whether there has been a notification request for particular offenders shall be referred to the Crime Victims Services Bureau.
2.See Department Regulation No. C-01-007 “Crime Victims Services Bureau” for additional information.
1.Whenever records of an offender or ex-offender are subpoenaed, they shall be submitted to the appropriate court for a ruling as to whether 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 Department Regulation No. A-03-003 “Collection of Fees for Reproduction of Public Records” for additional information.)
G.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 the information should be turned over to the party requesting the information.
H.Access and Release of Medical Records
1.Access to and release of medical records is governed by R.S. 44:7 and Health Care Policy No. HC-33 “Offender Medical Records.”
I.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 agency which are reasonably related to the investigation or rehabilitation of the offender.
J.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.
a.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, information related to educational achievements and participation.
b.An offender may view and make notes of his State Police and/or FBI rap sheet, but shall not be given a copy.
c.An offender shall not have access to another offender’s active or inactive records.
d.The following is a non-exhaustive list of additional information that will not be accessible to the offender:
v.information revealing or tending to reveal the identity of confidential informants;
vii.correspondence from any non-departmental source directed solely to institutional officials;
viii.correspondence or inquiries originated by institutional personnel;
ix.investigations conducted by non-departmental agencies, i.e. District Attorney, State Police, FBI, etc.;
x.investigations conducted by Corrections Services;
xi.non-disciplinary court-related institutional investigations; and
xii.correspondence from victims or witnesses, including Victim Notice and Registration Forms.
NOTE: Each unit head is responsible for ensuring that 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 Section L. of this regulation.
1.Verbal requests for information are acceptable. 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 agency making the request must certify in writing that they will not release the information to any other individual or agency.
1.The fee schedule for copies of public records is established in Department Regulation No. A-03-003 “Collection of Fees for Reproduction of Public Records.”
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
HISTORICAL NOTE: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), repromulgated LR 30:264 (February 2004), amended by the Department of Public Safety and Corrections, Corrections Services, amended LR 35:
Louisiana Register Vol. 34, No. 10 October 20, 2008