Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 036 - OFFENDER/INMATE RECORDS AND ACCESS TO INFORMATION › Section 13 130 036 - OFFENDER/INMATE RECORDS AND ACCESS TO INFORMATION

Current through June, 2024
Authority.
This rule is adopted pursuant to
				  3 V.S.A. §
										800 et
				  seq. and
				  28
				  V.S.A §
										107 which states that offender
				  and inmate records are exempt from public inspection and copying under the
				  Public Records Act and shall be kept confidential, except that the
				  Department:
1. Shall release or permit
				inspection of such records if required under federal or State law, including
				42 U.S.C. §§
										10805 and
				10806
				(Protection and Advocacy Systems).
2. Shall release or permit inspection of such
				records pursuant to a court order for good cause shown or, in the case of an
				offender or inmate seeking records relating to him or her in litigation, in
				accordance with discovery rules.
3.
				Shall release or permit inspection of such records to a State or federal
				prosecutor as part of a criminal investigation pursuant to a court order issued
				ex parte if the court finds that the records may be relevant to the
				investigation. The information in the records may be used for any lawful
				purpose but shall not otherwise be made public.
4. Shall release or permit inspection of such
				records to the Department for Children and Families for the purpose of child
				protection, unless otherwise prohibited by law.
5. Shall release or permit inspection of
				specific categories or types of offender and inmate records to specific
				persons, or to any person, in accordance with a rule that the Commissioner
				shall adopt pursuant to 3 V.S.A. chapter 25, provided that the Commissioner
				shall redact any information that may compromise the safety of any person, or
				that is required by law to be redacted, prior to releasing or permitting
				inspection of such records under the rule.
Purpose.
The purpose of this rule is to define "offender and inmate
				  records" and to provide for the release or inspection of designated offender
				  and inmate records to specific persons, including offenders and inmates seeking
				  access to information about them maintained by the Department of Corrections
				  (DOC), in a manner consistent with the confidentiality, health, safety,
				  security, and rehabilitation of offenders and inmates (collectively
				  "offenders") and other persons.
Offender and Inmate Records.
Offender and inmate records are exempt from public inspection
				  and copying under the Public Records Act and shall be kept confidential except
				  as provided in
				  28
				  V.S.A. §
										107(b) and in
				  this rule. "Offender and inmate records" means all of the information
				  generated, collected, and maintained by the DOC for any inmate or
				  offender.
Health Records.
Access to medical, mental health, and alcohol and drug
				  treatment records is governed by the Health Insurance Portability and
				  Accountability Act (HIPAA), accompanying regulations, and 42 C.F.R Part 2.
				  These health and treatment records are not included in offender and inmate
				  records for the purpose of this rule.
Education Records.
Offenders are entitled to inspect and review their education
				  records pursuant to the Family Educational Rights and Privacy Act. Education
				  records are not included in offender and inmate records for the purpose of this
				  rule.
Information Provided to Persons Other than Offenders.
Vermont law expressly authorizes disclosures of offender
				  records and information in specific, limited circumstances which remain
				  unchanged by this rule. This rule addresses the release of information as
				  outlined in the authority section of this document.
1. The DOC has determined that the public
				interest served by the disclosure to any person of the following categories of
				information, which comprise the Public Use File, outweighs the privacy,
				security, or other interest in keeping the information confidential. The Public
				Use File is accessible by any person on the website or by submitting a request
				to the DOC, in writing, pursuant to the Vermont Public Records Act, 1 V.S.A.
				315 et seq. The Public Use File includes an offender's:
a) Last name;
b) First name;
c) Middle name;
d) Known aliases;
e) Current age;
f) Booking date;
g) Date released if applicable;
h) Race;
i) Sex;
j) Town of residence;
k) Active agencies;
l) Probation and Parole Officer;
m) Corrections Service Specialist;
n) Minimum release date;
o) Maximum release date;
p) Legal status;
q) Charge status;
r) Charge description;
s) Bail amount; and
t) Sentence for each charge.