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Texas Code of Criminal Procedure - CRIM P Art. 42A.256. Release of Information to Supervision Officer;  Confidentiality of Report

Current as of April 14, 2021 | Updated by FindLaw Staff

(a) The judge by order may direct that any information and records that are not privileged and that are relevant to a presentence or postsentence report be released to a supervision officer conducting a presentence investigation under this subchapter or preparing a postsentence report under Article 42A.259.  The judge may also issue a subpoena to obtain that information.

(b) A presentence or postsentence report and all information obtained in connection with a presentence investigation or postsentence report are confidential and may be released only as:

(1) provided by:

(A) Subsection (c);

(B) Article 42A.255;

(C) Article 42A.257;

(D) Article 42A.259;  or

(E) Section 614.017, Health and Safety Code;  or

(2) directed by the judge for the effective supervision of the defendant.

(c) If the defendant is a sex offender, a supervision officer may release information in a presentence or postsentence report concerning the social and criminal history of the defendant to a person who:

(1) is licensed or certified in this state to provide mental health or medical services, including a:

(A) physician;

(B) psychiatrist;

(C) psychologist;

(D) licensed professional counselor;

(E) licensed marriage and family therapist;  or

(F) certified social worker;  and

(2) provides mental health or medical services for the rehabilitation of the defendant.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 42A.256. Release of Information to Supervision Officer;  Confidentiality of Report - last updated April 14, 2021 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-42a-256/

Read this complete Texas Code of Criminal Procedure - CRIM P Art. 42A.256. Release of Information to Supervision Officer;  Confidentiality of Report on Westlaw

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