§806-73  Duties and powers of probation
officers; adult probation records.  (a)  A probation officer shall
investigate any case referred to the probation officer for investigation by the
court in which the probation officer is serving and report thereon to the
court.  The probation officer shall instruct each defendant placed on probation
under the probation officer's supervision of the terms and conditions of the
defendant's probation.  The probation officer shall keep informed concerning
the conduct and condition of the defendant and report thereon to the court, and
shall use all suitable methods to aid the defendant and bring about an
improvement in the defendant's conduct and condition.  The probation officer
shall keep these records and perform other duties as the court may direct. 
Upon written request, the victim, or the parent or guardian of a minor victim
or incapacitated victim, of a defendant who has been placed on probation for an
offense under sections 580-10(d)(1), [586-4(e)], 586-11(a), or 709-906, may be
notified by the defendant's probation officer when the probation officer has
any information relating to the safety and welfare of the victim.  No probation
officer shall be subject to civil liability or criminal culpability for any
disclosure or non-disclosure, under this section, if the probation officer acts
in good faith and upon reasonable belief.



(b)  All adult probation records shall be
confidential and shall not be deemed to be public records.  As used in this
section, the term "records" includes, but is not limited to, all
records made by any adult probation officer in the course of performing the
probation officer's official duties.  The records, or the content of the
records, shall be divulged only as follows:



(1)  A copy of any adult probation case record or of a
portion of it, or the case record itself, upon request, may be provided to:



(A)  An adult probation officer, court officer,
social worker of a Hawaii state adult probation unit, or a family court officer
who is preparing a report for the courts; or



(B)  A state or federal criminal justice
agency, or state or federal court program that:



(i)  Is providing supervision of a defendant or
offender convicted and sentenced by the courts of Hawaii; or



(ii)  Is responsible for the preparation of a
report for a court;



(2)  The residence address, work address, home
telephone number, or work telephone number of a current or former defendant
shall be provided only to:



(A)  A law enforcement officer as defined in
section 710-1000(13) to locate the probationer for the purpose of serving a
summons or bench warrant in a civil, criminal, or deportation hearing, or for
the purpose of a criminal investigation; or



(B)  A collection agency or licensed attorney
contracted by the judiciary to collect any delinquent court-ordered penalties,
fines, restitution, sanctions, and court costs pursuant to section 601-17.5.



(3)  A copy of a presentence report or investigative
report shall be provided only to:



(A)  The persons or entities named in section
706-604;



(B)  The Hawaii paroling authority;



(C)  Any psychiatrist, psychologist, or other
treatment practitioner who is treating the defendant pursuant to a court order
or parole order for that treatment;



(D)  The intake service centers;



(E)  In accordance with applicable law, persons
or entities doing research; and



(F)  Any Hawaii state adult probation officer
or adult probation officer of another state or federal jurisdiction who:



(i)  Is engaged in the supervision of a
defendant or offender convicted and sentenced in the courts of Hawaii; or



(ii)  Is engaged in the preparation of a report
for a court regarding a defendant or offender convicted and sentenced in the
courts of Hawaii;



(4)  Access to adult probation records by a
victim, as defined in section 706-646 to enforce an order filed pursuant to
section 706-647, shall be limited to the name and contact information of the
defendant's adult probation officer.



(5)  Notwithstanding subsection (b)(3), upon notice to
the defendant, records and information relating to the defendant's risk
assessment and need for treatment services or information related to the
defendant's past treatment and assessments may be provided to:



(A)  A case management, assessment or treatment
service provider assigned by adult probation to service the defendant; provided
that such information shall be given only upon the acceptance or admittance of
the defendant into a treatment program;



(B)  Correctional case manager, correctional
unit manager, and parole officers involved with the defendant's treatment or
supervision; and



(C)  In accordance with applicable law, persons
or entities doing research.



(6)  Any person, agency, or entity receiving records,
or contents of records, pursuant to this subsection shall be subject to the
same restrictions on disclosure of the records as Hawaii state adult probation
offices.



(7)  Any person who uses the information covered by
this subsection for purposes inconsistent with the intent of this subsection or
outside of the scope of their official duties shall be fined no more than $500.



(c)  Every probation officer, within the scope
of the probation officer's duties, shall have the powers of a police officer.
[L 1931, c 41, pt of §4; RL 1935, §5539; RL 1945, §10845; RL 1955, §258-55; HRS
§711-79; ren L 1972, c 9, pt of §1; am L 1985, c 167, §1; gen ch 1985; am L
1989, c 262, §1; am L 1990, c 189, §5; am L 1993, c 20, §1; am L 1994, c 102,
§1; am L 1995, c 224, §1; am L 2001, c 288, §1; am L 2006, c 36, §1]



 



Case Notes



 



  Violation of section where prosecutor used confidential
presentence report.  70 H. 227, 768 P.2d 759.



  Sentencing court must make a presentence report part of the
record in all cases where a report has been prepared, which must be sealed to
comply with confidentiality requirements of section.  73 H. 259, 831 P.2d 523.



  Trial court erred in denying defendant's request to disclose
victim's adult probation division records or to conduct an in camera review;
trial court should have conducted an in camera review of victim's adult
probation division records and released to defendant relevant information
pertaining to victim's truthfulness and honesty; trial court should have then
sealed the remaining portions of the record.  104 H. 89 (App.), 85 P.3d 196.