Rule 43-9. Use and Disclosure of Reports

The presentence investigation and alternate incarceration assessment reports shall not be public records and shall not be accessible to the public. They shall be available initially to the parties designated in Section 43-7 for use in the sentencing hearing and in any subsequent proceedings wherein the same conviction may be involved, and they shall be available at all times to the following:

(1) The Office of Adult Probation;

(2) The correctional or mental health institution to which the defendant is committed or may be committed;

(3) The Board of Pardons and Paroles;

(4) The sentence review division of the Superior Court;

(5) The Judicial Review Council;

(6) Any court of proper jurisdiction where it is relevant to any proceeding before such court. Such court may also order that the report be made available to counsel for the parties for the purpose of such proceeding;

(7) Counsel for the defendant and the prosecuting authority during negotiations relating to other offenses pending against the defendant or subsequently charged against the defendant;

(8) Counsel for the defendant in a sentence review hearing or habeas corpus proceeding upon counsel's request to the Department of Adult Probation;

(9) Counsel for the defendant and the prosecuting authority in connection with extradition proceedings; and

(10) Any other person or agency specified by statute. The prosecuting authority and counsel for the defendant shall retain a copy of the presentence investigation and alternate incarceration reports and may use the same in connection with any matter pertaining to actions by the entities defined in paragraphs (1) through (9) of this section, or for any other purpose for which permission is first obtained from any judicial authority. In all other respects, both the prosecuting authority and counsel for the defendant shall maintain the confidentiality of the information contained in the records. A defendant may obtain a copy of the presentence and alternate incarceration reports under proper application to a judicial authority in thejudicialdistrictinwhichsentencewasimposed.

Committee Notes

(P.B. 1978-1997, Sec. 917.) (Amended June 30, 2008, to