Tex. Code of Criminal Procedure § 42A.256
This is the official text of Tex. Code of Criminal Procedure § 42A.256, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 42A.256. RELEASE OF INFORMATION TO SUPERVISION OFFICER; CONFIDENTIALITY OF REPORT.
Official statutory text
(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) Section 614.017, Health and Safety Code; or
(2) directed by the judge for the effective supervision of the defendant.
(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.
(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) Section 614.017, Health and Safety Code; or
(2) directed by the judge for the effective supervision of the defendant.
(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.
Status: in_force · Read it on the official government site
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