1. (a) Case records. CSCD directors shall develop and maintain a case record management system on offenders receiving any type of supervision by the CSCD. Each case record shall contain a chronological recording of all significant actions, decisions, services rendered, assessments, pre/post-sentence investigation reports (PSIR), and periodic evaluations. Confidential items relating to medical and psychological information from any of these documents shall be handled in accordance with §163.41 of this title (relating to HIV-AIDS, Medical and Psychological Information). All case records shall contain a written criminal history record or summary issued by a law enforcement agency. Confidentiality of case records shall be maintained in accordance with federal and state laws. Information may only be released under the circumstances as authorized by law or as directed by the court.
2. (b) PSIR confidentiality. All PSIRs prepared or approved by a community supervision officer, and all information obtained in connection with the pre/post-sentence investigations, are confidential and may be released only to those persons and under those circumstances as authorized by law or as directed by the judge.
3. (c) Pre/post-sentence investigation reports (PSIRs). The CSCD director shall ensure that a community supervision officer(s) will prepare, (or approve, if prepared by others) a (PSIR) presentence investigation report on a felony offender unless the punishment is to be assessed by a jury, the defendant is convicted of or enters a plea of guilty or nolo contendere to capital murder, the only available punishment is imprisonment, or the judge is informed that a plea bargain agreement exists, under which the defendant agrees to a punishment of imprisonment, and the judge intends to follow the agreement. The CSCD director shall ensure that a community supervision officer(s) will prepare (or approve) a postsentence investigation report if the judge has requested the preparation of such a report. A community supervision officer shall prepare (or approve) a PSIR on all misdemeanor offenders unless the defendant requests a report not be made and the court agrees, or if the court finds there is sufficient information in the record to permit the meaningful exercise of sentencing discretion. The PSIR shall provide the court with accurate, objective, and relevant elements in accordance with statutory requirements.
4. (d) PSIR format. CSCD directors shall ensure that community supervision officers (or designated others) completing PSIRs follow, at a minimum, an approved TDCJ-CJAD PSIR format in preparing felony PSI reports. Community supervision officers may use a format other than the TDCJ-CJAD PSIR format as long as the content requirements outlined in subsection (c) of this section are met and the format is approved by TDCJ-CJAD.
5. (e) Staffing for PSIRs. CSCD directors shall have the necessary trained staff and resources to conduct presentence investigations on all cases and shall provide written reports of the results for the courts for all felony and misdemeanor cases as required by the law and the court.
6. (f) Filing. Copies of the completed PSIRs shall be maintained in the individual offender's case file within the CSCD filing system and made available for periodic audits, reviews, or inspections by TDCJ-CJAD staff.
7. (g) Transfer to the TDCJ. CSCD directors shall forward to a county that transfers an offender to the TDCJ that offender's PSIR prepared according to the TDCJ-CJAD format for PSIRs, as well as information required by law, if a PSIR has been prepared. Additional information, if prepared by a community supervision officer for a revocation hearing updating information in the PSIRs, shall also be forwarded to the county for the offender's transfer to the TDCJ.
8. (h) Interstate transfer. CSCD directors shall utilize uniform transfer procedures as provided by and approved by the TDCJ-Interstate Compact Unit.
9. (i) Intrastate transfer. CSCD directors shall utilize uniform transfer procedures as provided by and approved by the TDCJ-CJAD.

Source Note:The provisions of this §163.37 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective December 12, 1999, 24 TexReg 10893.