§ 9.1-177.1. Confidentiality of records of and reports on adult persons underinvestigation by, or placed on probation supervision with a localcommunity-based probation services agency.
A. Any investigation report, including a presentencing investigation report,prepared by a local community-based probation officer is confidential and isexempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).Such reports shall be filed as a part of the case record. Such reports shallbe made available only by court order and shall be sealed upon final order bythe court; except that such reports shall be available upon request to (i)any criminal justice agency, as defined in § 9.1-101, of this or any otherstate or of the United States; (ii) any agency where the accused is referredfor assessment or treatment; (iii) counsel for the person who is the subjectof the report; or (iv) counsel who represents the person in pursuit of apost-conviction remedy, subject to the limitations set forth in § 37.2-901.
B. Any report on the progress of an offender under the supervision of a localcommunity-based probation agency and any information relative to the identityof or inferring personal characteristics of an accused, including demographicinformation, diagnostic summaries, records of office visits, medical,substance abuse, psychiatric or psychological records or information,substance abuse screening, assessment and testing information, and othersensitive information not explicitly classified as criminal history recordinformation, is exempt from the Virginia Freedom of Information Act (§2.2-3700 et seq.). However, such information may be disseminated to criminaljustice agencies as defined in § 9.1-101 in the discretion of the custodianof these records.
(2002, c. 769; 2003, c. 146; 2006, c. 289; 2007, c. 133; 2010, c. 223.)
§ 9.1-177.1. Confidentiality of records of and reports on adult persons underinvestigation by, or placed on probation supervision with a localcommunity-based probation services agency.
A. Any investigation report, including a presentencing investigation report,prepared by a local community-based probation officer is confidential and isexempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).Such reports shall be filed as a part of the case record. Such reports shallbe made available only by court order and shall be sealed upon final order bythe court; except that such reports shall be available upon request to (i)any criminal justice agency, as defined in § 9.1-101, of this or any otherstate or of the United States; (ii) any agency where the accused is referredfor assessment or treatment; (iii) counsel for the person who is the subjectof the report; or (iv) counsel who represents the person in pursuit of apost-conviction remedy, subject to the limitations set forth in § 37.2-901.
B. Any report on the progress of an offender under the supervision of a localcommunity-based probation agency and any information relative to the identityof or inferring personal characteristics of an accused, including demographicinformation, diagnostic summaries, records of office visits, medical,substance abuse, psychiatric or psychological records or information,substance abuse screening, assessment and testing information, and othersensitive information not explicitly classified as criminal history recordinformation, is exempt from the Virginia Freedom of Information Act (§2.2-3700 et seq.). However, such information may be disseminated to criminaljustice agencies as defined in § 9.1-101 in the discretion of the custodianof these records.
(2002, c. 769; 2003, c. 146; 2006, c. 289; 2007, c. 133; 2010, c. 223.)
§ 9.1-177.1. Confidentiality of records of and reports on adult persons underinvestigation by, or placed on probation supervision with a localcommunity-based probation services agency.
A. Any investigation report, including a presentencing investigation report,prepared by a local community-based probation officer is confidential and isexempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).Such reports shall be filed as a part of the case record. Such reports shallbe made available only by court order and shall be sealed upon final order bythe court; except that such reports shall be available upon request to (i)any criminal justice agency, as defined in § 9.1-101, of this or any otherstate or of the United States; (ii) any agency where the accused is referredfor assessment or treatment; (iii) counsel for the person who is the subjectof the report; or (iv) counsel who represents the person in pursuit of apost-conviction remedy, subject to the limitations set forth in § 37.2-901.
B. Any report on the progress of an offender under the supervision of a localcommunity-based probation agency and any information relative to the identityof or inferring personal characteristics of an accused, including demographicinformation, diagnostic summaries, records of office visits, medical,substance abuse, psychiatric or psychological records or information,substance abuse screening, assessment and testing information, and othersensitive information not explicitly classified as criminal history recordinformation, is exempt from the Virginia Freedom of Information Act (§2.2-3700 et seq.). However, such information may be disseminated to criminaljustice agencies as defined in § 9.1-101 in the discretion of the custodianof these records.
(2002, c. 769; 2003, c. 146; 2006, c. 289; 2007, c. 133; 2010, c. 223.)
