SECTION 163.37. Reports and Records

(a) Case Records. Each community supervision and corrections department (CSCD) director shall develop and maintain a case record management system for offenders supervised by the CSCD. Each case record shall contain:

(1) the court order placing the person on community supervision citing all conditions of community supervision;

(2) a chronological listing of all supervision case activity, decisions, services rendered, and assessments;

(3) a criminal history record or summary issued by a law enforcement agency;

(4) periodic evaluations;

(5) if required, a pre-sentence investigation report (PSIR) or post-sentence investigation report; and

(6) other documents or information related to the defendant deemed appropriate by the community supervision officer or CSCD director.

(b) Case Record Confidentiality. Confidentiality of case records shall be maintained in accordance with federal and state laws. Confidential medical and psychological information shall be handled in accordance with 37 Texas Administrative Code §163.41. Information shall be released only under circumstances authorized by law or as directed by the court.

(c) Pre- and Post- Sentence Investigation Reports (Reports). Unless waived by the defendant, a PSIR shall be completed before the imposition of a sentence and in accordance with the Texas Code of Criminal Procedure, art. 42A, Subchapter F. If a PSIR was not completed, a post-sentence investigation report may be prepared, if directed by the judge, in accordance with Texas Code of Criminal Procedure, art. 42A.259. The reports, and the information obtained in connection with the reports, are confidential and may be released only to those persons and under those circumstances as authorized by Texas Code of Criminal Procedure, art. 42A.256. Information contained in the reports may be disclosed to the Department of Family and Protective Services to the extent that such information discloses that a child's physical or mental health or welfare has been adversely affected by abuse or neglect. Copies of the completed reports shall be maintained in a defendant's case file and made available for periodic audits, reviews, or inspections by the Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) staff.

(d) PSIR Format. The TDCJ CJAD format shall be used for preparing PSIRs. A different format may be used if the content requirements comply with Texas Code of Criminal Procedure, art. 42A.253 and the format is approved by both the TDCJ CJAD and the court having jurisdiction over the defendant.

(e) Transfer to the TDCJ. Upon the revocation of community supervision or an adjudication of guilt, the CSCD shall forward to the county, for inclusion in the defendant's penitentiary packet, a copy of the defendant's community supervision conditions, and if prepared, a copy of the victim's impact statement, and a copy of the pre- or post- sentence investigation report. The CSCD also shall forward any additional information that was prepared for a revocation or other hearing and information updating the PSIR.

(f) Interstate Transfer. CSCD directors shall comply with the uniform interstate transfer procedures and obtain the approval of the TDCJ Interstate Compact Office for an interstate transfer of supervision in accordance with Texas Government Code, Chapter 510 and the Interstate Compact for Adult Offender Supervision Rules.

(g) Intrastate Transfer. Each CSCD director shall comply with the uniform transfer procedures in accordance with 37 Texas Administrative Code §163.35(c)(8).

Source Note: The provisions of this §163.37 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective December 12, 1999, 24 TexReg 10893; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective March 15, 2015, 40 TexReg 1095; amended to be effective November 21, 2019, 44 TexReg 7058