Del. Code 11, § 4322 : Crimes And Criminal Procedure — Sentencing, Probation, Parole And Pardons — Probation And Parole Services — Protection of records

2 Sep 2016

Current through 2016 Legislative Session, Act 399

(a) The presentence report (other than a presentence report prepared for the Superior Court or the Court of Common Pleas), the preparole report, the supervision history and all other case records obtained in the discharge of official duty by any member or employee of the Department shall be privileged and shall not be disclosed directly or indirectly to anyone other than the courts as defined in § 4302 of this title, the Board of Parole, the Board of Pardons, the Attorney General and the Deputies Attorney General or others entitled by this chapter to receive such information; except that the court or Board of Pardons may, in its discretion, permit the inspection of the report or parts thereof by the offender or the offender's attorney or other persons who in the judgment of the court or Board of Pardons have a proper interest therein, whenever the best interest of the State or welfare of a particular defendant or person makes such action desirable or helpful. No person committed to the Department shall have access to any of said records. The presentence reports prepared for the Superior Court and the Court of Common Pleas shall be under the control of those Courts respectively.
(b) The Commissioner or the Commissioner's designees may receive and use, for the purpose of aiding in the treatment of rehabilitation of offenders, the preparole report, the supervision history and other Department of Correction case records, provided that such information or reports remain privileged for any other purpose.

This subsection shall not apply to the presentence reports of the Superior Court and the Court of Common Pleas which reports shall remain under the control of such Courts.

(c) No inmate shall be provided a copy of the Department of Correction Policy and Procedures Manuals, The Bureau of Prisons Policy and Procedures Manuals, nor any of the Department of Correction Facilities Operational Procedures, Administrative Regulations and Post Orders.
(d) The Department of Correction Policies and Procedures, including any Policy, Procedure, Post Order, Facility Operational Procedure or Administrative Regulation adopted by a Bureau, facility or department of the Department of Correction shall be confidential, and not subject to disclosure except upon the written authority of the Commissioner.
(e) The Department of Services for Children, Youth and Their Families may receive and use, for the purposes of investigating child abuse, neglect and dependency, providing services to prevent further child abuse, neglect and dependency or in aiding in reunification of families, information contained in Department records concerning offenders, providing that such information or reports remain privileged for any other purpose. This information may contain, but is not limited to, information concerning program participation in level IV and level V institutions, special conditions of probation or parole, compliance with those conditions and general supervision in the community.
(f) Any subpoena issued for any record of the Department of Correction, or for any record of its employees maintained in the course of their duties, shall comply with the following procedure:
(1) The subpoena shall be issued at least 30 days in advance of the date on which production of the records is due.
(2) A copy of the subpoena shall be served on the State Solicitor.

Any subpoena issued without compliance with the requirements of this section shall be deemed void ab initio. Any such subpoena shall be reasonably limited in quantity with regard to the purpose for production and the issuer of the subpoena shall tender payment for the cost of the photocopying as established by the Department.

(g) Any subpoena issued for any record of the Department of Correction, or for any record of its employees maintained in the course of their duties, in a civil action between private parties shall comply with the following procedure:
(1) Where the information sought may reasonably be expected to be in the possession of 1 of the parties to the litigation, as well as in the possession of the Department, the information shall first be sought from the party to the litigation having possession of the information.
(2) Prior to seeking criminal history records from the Department, the party seeking the information shall first attempt to obtain criminal history information through proper procedures at the State Bureau of Identification, pursuant to § 8513 of this title.
(3) Any subpoena issued under this subsection shall meet the requirements of subsection (f) of this section above.
(h)
(1) Any subpoena or summons issued for testimony of any official or employee of the Department of Correction shall be issued at least 30 days in advance of the date on which the testimony is due, and a copy of the subpoena or summons shall be served on the State Solicitor.
(2) Any subpoena or summons issued for testimony of any official or employee of the Department of Correction, where the substance of the testimony would involve information contained in the records of the Department, shall comply with the requirements of subsection (f) of this section above, and the subpoena or summons shall be deemed a subpoena for the Department's records. The Department or its Deputy Attorney General shall notify the issuer when a subpoena or summons for testimony is deemed a subpoena for records and subsection (f) of this section applies.
(3) The requirements of this subsection apply to both criminal and civil actions and in all courts.
(i) Notwithstanding any language in this section or elsewhere to the contrary, the time requirements in this section regarding the issuance of subpoenas shall not apply to any subpoena issued in:
(1) Any criminal proceeding in which the penalty of death is sought by the prosecution;
(2) Any civil or criminal case where the issuing party has less than 45 days notice of the trial date; or
(3) If the party issuing the subpoena can show that the late subpoena was issued as a result of information provided by the State less than 45 days prior to the trial date.
Del. C. § 4322
11 Del. C. 1953, § 4322; 54 Del. Laws, c. 349, § 7; 56 Del. Laws, c. 149; 66 Del. Laws, c. 233, §3; 69 Del. Laws, c. 226, §1; 71 Del. Laws, c. 324, § 1; 72 Del. Laws, c. 17, § 1; 75 Del. Laws, c. 368, §§ 1 - 4.;