- (a) The judge by order may direct that any information and records that are not privileged and that are relevant to a presentence or postsentence report be released to a supervision officer conducting a presentence investigation under this subchapter or preparing a postsentence report under Article 42A.259. The judge may also issue a subpoena to obtain that information.
(b) A presentence or postsentence report and all information obtained in connection with a presentence investigation or postsentence report are confidential and may be released only as:
(1) provided by:
- (A) Subsection (c);
- (B) Article 42A.255;
- (C) Article 42A.257;
- (D) Article 42A.259; or
- (E) Section 614.017, Health and Safety Code; or
- (2) directed by the judge for the effective supervision of the defendant.
(c) If the defendant is a sex offender, a supervision officer may release information in a presentence or postsentence report concerning the social and criminal history of the defendant to a person who:
(1) is licensed or certified in this state to provide mental health or medical services, including a:
- (A) physician;
- (B) psychiatrist;
- (C) psychologist;
- (D) licensed professional counselor;
- (E) licensed marriage and family therapist; or
- (F) certified social worker; and
- (2) provides mental health or medical services for the rehabilitation of the defendant.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.