Texas Code of Criminal Procedure 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. 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) § 614.017, Health and Safety Code; or
(2) directed by the judge for the effective supervision of the defendant.
Terms Used In Texas Code of Criminal Procedure 42A.256
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Subpoena: A command to a witness to appear and give testimony.
(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.