Rule Text
The presentence report, the preparole report, the pre-postrelease supervision report and the supervision history, obtained in the discharge of official duty by any member or employee of the prisoner review board or any other employee of the department of corrections, shall be privileged and shall not be disclosed directly or indirectly to anyone other than the prisoner review board, the judge, the attorney general or others entitled to receive the information, except that the board, secretary of corrections or court may permit the inspection of the report or parts of it by the defendant, inmate, defendant's or inmate's attorney or other person having a proper interest in it, whenever the best interest or welfare of a particular defendant or inmate makes the action desirable or helpful.
Amendment history: L. 1970, ch. 129, § 22-3711; L. 1972, ch. 317, § 84; L. 1973, ch. 339, § 64; L. 1984, ch. 130, § 1; L. 1990, ch. 309, § 17; L. 1992, ch. 239, § 268; L. 2012, ch. 16, § 12; July 1.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
This rule keeps certain reports about a defendant or inmate private. These reports include presentence reports, preparole reports, pre-postrelease supervision reports, and supervision history records. Officials with the Department of Corrections or the prisoner review board create these reports as part of their jobs. The rule says these documents cannot be shared with the public or other outside parties.
Only specific people are normally allowed to see these reports. This includes the prisoner review board, judges, the attorney general, and other officials who need the information to do their jobs. Regular members of the public and most other people do not have access to these files.
There is an exception to this privacy rule. The review board, the secretary of corrections, or a court can allow the defendant, the inmate, their attorney, or another person with a real interest in the case to look at the report. This only happens when letting them see it would help the defendant or inmate in some way. So access can be given on a case by case basis when it serves that person's best interests.
