06.01.01.108 - IDAHO PUBLIC RECORDS ACT

06.01.01.108. IDAHO PUBLIC RECORDS ACT

01. Intent of the Board. It is the intent of the Board that the records of the Department shall be open to the public for inspection and copying at all reasonable times, unless the records or information contained therein is specifically exempted from disclosure by state or federal statute or court rule. The Board shall implement the exemptions for Department records as set forth in the Idaho Public Records Act. (6-19-19)

02. Public Records Requests. A written request for records of the Department shall be required. (6-19-19)

03. Custodian of Records. Certain Department employees are designated as official custodians of Department records. The employees designated as official custodians of the Department records may delegate duties and responsibilities of the custodians in order to more efficiently process public records requests. For purposes of this section, official custodians for records of the Department shall be: (1-4-02)

a. The director; (1-4-02)

b. The public information officer; (11-5-99)

c. The central records manager; (11-5-99)

d. The chiefs of the divisions; and (6-19-19)

e. The facility heads. (6-19-19)

04. Records Exempt from Disclosure. In order to protect information consistent with the public's interest in confidentiality, public safety, security, and the habilitation of offenders, the Board has identified records of the Department to be exempt from disclosure in whole or in part. These records include, but are not limited to: (1-4-02)

a. Records to be exempt in their entirety: (1-4-02)

i. Records of the Department that define specific building design details, such as facility blueprints, that if disclosed would jeopardize public safety and the security of the facility; (1-4-02)

ii. Records of the Department that define specific operations used to respond to and control emergencies, such as emergency plans, that if disclosed would interfere with the secure and orderly conduct of Department operations; (1-4-02)

iii. Records of the Department that define site-specific security operations, such as facility security procedures and site-specific post orders, that if disclosed would jeopardize public safety and the security of the facility; (1-4-02)

iv. Records containing information specific to the habilitation of any offender, including information tracking the behavior, progress or digression of a particular offender under the legal care, custody, supervision or authority of the Board, including a person within or without the state pursuant to an agreement with another state or a contractor. Notwithstanding this exemption, records of this nature specific to offenders sentenced to death shall be available to counsel of record for offenders sentenced to death, subject to redaction; (1-4-02)

v. Records of an offender when requested by another offender. For purposes of Subsection 108.04 the term offender shall not include an offender, probationer or parolee who has completed their sentence of incarceration or term of probation or parole; (6-19-19)

vi. Offender academic records. Notwithstanding this exemption, consistent with Family Educational Rights and Privacy Act, FERPA, 34 C.F.R. part 99, an offender's academic records shall be disclosed to school officials, including teachers, having legitimate educational interests. Further, an offender's academic records shall be disclosed to the offender's attorney of record in their criminal case, provided that the attorney first submit a release, on their letterhead, signed by the offender. A release under Subsection 108.04.a.vi. must be current, within six (6) months. (6-19-19)

vii. Pre-sentence investigation reports, addenda, and the information contained in or attached to the reports, shall not be disclosed to any person except as provided by Idaho Rules of Criminal Procedure; (1-4-02)

viii. NCIC and ILETS records, FBI/CIB identification sheets, police reports, and drivers services sheets; (1-4-02)

ix. Medical, counseling and treatment records. Notwithstanding this exemption, an offender's medical, counseling and treatment records shall be disclosed to the offender's attorney of record in their criminal case, or the offender's private professional health care provider, provided that the attorney or the health care provider submit a release for these records, on their letterhead, signed by the offender. A release under Subsection 108.04.a.ix. must be current, within six (6) months; (1-4-02)

x. Records identified in Rule 135 related to the Department's duty to carry out an execution pursuant to chapter 27, title 19, Idaho Code. (6-19-19)

b. Records exempt in part, subject to redaction: (1-4-02)

i. Records that contain any identifying information of any victims or witnesses or any information that would lead to the identification of any victims or witnesses; (6-19-19)

ii. Records of the Department containing the names and addresses of confidential informants, or containing information identifying confidential informants; (1-4-02)

iii. Department intelligence reports of offender criminal activity, that if disclosed would jeopardize public safety, the safety of confidential informants, offenders or staff, or the security of the facility; (6-19-19)

iv. Records that identify or would lead to the identification of a date, time, or a place of future transportation or movement of a prisoner; (1-4-02)

v. Department investigatory records, to the extent that disclosure of such records would interfere with enforcement proceedings, deprive a person of the right to a fair trial or impartial adjudication, disclose the identity of a confidential source or confidential information furnished only by the confidential source, disclose investigative techniques or procedures, or endanger the life or physical safety of any person. This exemption shall not preclude release of the following information: (1-4-02)

(1) The time, date, location, and nature and description of a reported crime, accident or incident; (1-4-02)

(2) The name, sex, age, and address of a person arrested, except as otherwise provided by law; (1-4-02)

(3) The time, date, and location of the incident and of the arrest; (1-4-02)

(4) The crime charged; and (1-4-02)

(5) Documents given or required by law to be given to the person arrested. (1-4-02)

vi. Employee personnel records. (1-4-02)

05. Records of Civil Commitments. Civil commitment records differ in confidentiality from other offender records in that the civilly committed individual may not be convicted of a crime or may be held in a Department facility for reasons other than criminal conviction. Requests for information from the file of a civilly committed individual may be referred to Department legal counsel to determine applicability of federal and state statutes or court rules pertaining to individual privacy and the public's right to know. (1-4-02)

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