NCJ Number
67470
Date Published
1980
Length
72 pages
Annotation
A GUIDELINE DESIGNED TO AID LOCAL PROBATION OFFICERS IN TEXAS IN WORKING WITH LEGAL COUNSEL IS PRESENTED. IT ESTABLISHES POLICIES AND PROCEDURES FOR HANDLING CLIENT PERSONAL INFORMATION OR RECORDS CONFIDENTIALITY.
Abstract
THE GUIDELINE REFLECTS A REVIEW AND ANALYSIS OF MANY FEDERAL AND STATE LAWS, REGULATIONS, AND POLICIES ON CONFIDENTIALITY OF PERSONAL INFORMATION. MUCH OF THIS LAW AND PRECEDENT BEARS DIRECTLY ON THE JOB OF PROBATION OFFICERS WHO ARE FACED WITH DAILY DECISIONS REGARDING CLIENT PRIVACY. SPECIFICALLY, OFFICERS MUST ACQUIRE PERSONAL INFORMATION AND, ON OCCASION, DISCLOSE IT IN THE COURSE OF THEIR JOB. THE PRIMARY OBJECTIVE OF INFORMATION EXCHANGE IS TO DO THE BEST JOB POSSIBLE WITHOUT HURTING THE CLIENT OR THE PUBLIC. IN ACQUIRING INFORMATION. PROBATION OFFICERS MUST DECIDE IF AND HOW THEY CAN OBTAIN INFORMATION. IN DISCLOSING INFORMATION, THEY MUST ASK IF DISCLOSURE IS MANDATORY, PERMITTED, AND OR ADVISABLE. DIFFICULTIES MAY BE ENCOUNTERED IN ACQUIRING INFORMATION FROM THE CLIENT DURING PRESENTENCE INVESTIGATIONS AND WHILE SUPERVISING. PROBATION OFFICERS SHOULD EMPHASIZE THAT THEY ACT ON BEHALF OF THE JUDGE, NOT ON BEHALF OF THE POLICE OR PROSECUTOR. SPECIFIC RULES REGARD DISCLOSURE OF CRIMINAL HISTORY RECORDS, DRUG ABUSE TREATMENT, ALCOHOL ABUSE TREATMENT, EDUCATIONAL RECORDS, AND MENTAL HEALTH RECORDS. THESE MUST BE STRICTLY OBSERVED. AN OVERALL PRINCIPLE SHOULD BE OBSERVED CONCERNING DISCLOSURE OF INFORMATION, AND THAT IS CONSISTENCY. THE APPENDIXES PRESENT A LIST OF LAWS, REGULATIONS, AND STATE AGENCY POLICIES ON CONFIDENTIALITY; EXCERPTS FROM TEXAS ADULT PROBATION LAW AND STANDARDS AND THE ADULT OFFICERS' CODE OF ETHICS, A DISCUSSION OF CLIENT CONSENT, AND A SAMPLE DISCLOSURE OF INFORMATION FORM.