Texas Code of Criminal Procedure

Art. Art. 42A.256
Release of Information to Supervision Officer; Confidentiality of Report


(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 (Postsentence Report). 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 (Inspection and Comment by Defendant; Access to Information by State);

(C)

Article 42A.257 (Evaluation for Purposes of Alcohol or Drug Rehabilitation);

(D)

Article 42A.259 (Postsentence Report); or

(E)

Section 614.017 (Exchange of Information), 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Source

Last accessed
Jun. 7, 2021