Master record file; information from other agencies; confidentiality of file; access; definition

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31-221. Master record file; information from other agencies; confidentiality of file; access; definition

A. The state department of corrections shall maintain a master record file on each person who is committed to the department that contains the following:

1. All information from the committing court.

2. The reports of the reception-diagnostic centers.

3. Evaluation and assignment reports and recommendations.

4. Reports of disciplinary infractions and their disposition.

5. Progress reports prepared for the board of executive clemency and the department.

6. Parole or community supervision progress reports.

7. The date and circumstances of final discharge.

8. Any other pertinent data concerning the person's background, conduct, associations and life history as may be required by the department with a view to the person's reformation and to the protection of society.

B. All public agencies shall make available to the department, on request, any factual data in their possession regarding individuals committed to the department.

C. All records of prisoner care and custody are subject to title 39, chapter 1, article 2, except that the department shall not disclose records or portions of records:

1. Revealing the identity of a confidential informant.

2. Endangering the life or physical safety of a person.

3. Jeopardizing an ongoing criminal investigation.

D. A prisoner may view the prisoner's own automated summary record file, excluding those categories listed in subsection C.

E. Except as provided in subsection D, a prisoner shall not have access to any prisoner records other than viewing the prisoner's own automated summary record file and shall not assist in the preparation or reproduction of reports contained in those records.

F. A prisoner shall not make a request to view a copy of the prisoner's own automated summary record file more than one time each year, except that a prisoner who is scheduled for more than one hearing before the board of executive clemency in a calendar year may make a request to view before each hearing a copy of the prisoner's own automated summary record file.

G. For the purposes of this section, " automated summary record file" means a computer printout or generated image that includes the prisoner's:

1. Sentencing and release date calculations.

2. Institutional movements.

3. Disciplinary and rule violations.

4. Detainers and warrants.

5. Institutional work or job history.

6. Classification actions.

7. Board of executive clemency hearing actions.


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