Current through October 22, 2024
Section 1100-01-01-.15 - CONFIDENTIALITY OF RECORDS(1) Confidential Information.(a) The following information may be contained in the Board's file and is considered confidential by the Board and will not be released unless listed as an exception under rule 1100-01-01-.15(3):1. Psychological evaluations provided, however, that such may be released to mental health officials who are treating the offender if a release of information form signed by the offender is presented with the request.4. Contents of probation and parole staff chronological records, contact notes.5. Probation/Parole Officers' statements accompanying violation reports.6. Written clemency recommendations to the Governor.7. Statements in opposition of an offender by victims, families of victims, victims' representatives, families of inmates, private citizens, and public officials who request confidentiality.8. Victim impact statements.9. Internal Affairs investigative reports. 10 Any reports or information generated by other agencies.11. Other information, the release of which the Board specifically finds would be a serious safety risk to the public, staff, parolee or inmate.(2) Information Available for Release.(a) The following information may be released:1. Hearing and decision-making policy and procedures;2. Whether an inmate is being considered for parole or clemency;3. Whether parole or clemency has been granted or denied;4. Effective date for parole;5. Statements in support of a parole;6. Clemency applications and supporting documentation;7. Date, time, and location of hearings;8. Parole certificates and determinate release certificates;9. Reasons for the Board decisions listed on the Board Action Sheet;10. Residential and employment records of offenders;(b) Requests for information from field supervision files shall be directed to the District Director or his or her designee. The District Director or his or her designee will review the records and release information available under rule 1100-01-01-.15(2)(a).(3) Upon official request, law enforcement, child support officials, or other governmental entities shall be provided information as necessary to assist in their investigations, in their official capacity. Upon verification of the identity of the requesting official the following information may be released:(b) Offender's M.O. (modus operandi or mode of operation);(d) Offender's place of employment;(e) Offender's photographs and fingerprints;(f) Offender's social security number;(g) Offender's telephone number;(i) Whether a warrant has been issued and whether an offender has been arrested on a warrant;(k) Information on assets of persons currently or previously on parole who owe court fines.(4) The Board shall not release employee personal information such as social security numbers, home addresses, or telephone numbers.Tenn. Comp. R. & Regs. 1100-01-01-.15
Original rule filed December 6, 1979; effective January 20, 1980. Amendment filed March 11, 1985; effective April 10, 1985. Repeal and new rule filed August 31, 1990; effective November 28, 1990. Repeal and new rule filed May 5, 2009; effective September 28, 2009. Repeal and new rules filed December 14, 2018; effective 3/14/2019.Authority: T.C.A. §§ 40-28-104, 40-28-106, 40-28-119, and 40-28-504.