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. 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. Documentation of all sex offender registration shall be maintained as required by the Records Retention Act, Chapter 441, Texas Government Code. Each case record shall contain:

   1. (1) court order placing the person on community supervision citing all conditions of community supervision;
   2. (2) a chronological listing of all significant actions, decisions, services rendered, assessments;
   3. (3) the pre/post-sentence investigation report (PSIR);
   4. (4) periodic evaluations; and
   5. (5) other additional documents or information related to the offender as deemed appropriate by the CSO or CSCD Director.
2. (b) PSIR Confidentiality. Each PSIR prepared or approved by a CSO, and all information obtained in connection with PSIRs, is confidential and may be released only to those persons and under those circumstances as authorized by Texas Code of Criminal Procedure, article 42.12, §9 or as directed by the court having jurisdiction over the defendant.
3. (c) Pre/Post-Sentence Investigation Reports (PSIR). Pursuant to Texas Code of Criminal Procedure, article 42.12, §9 the CSCD director shall ensure a CSO prepares, (or approves, if prepared by others) a pre-sentence investigation report on a felony defendant unless the defendant's 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 CSOs prepare (or review and approve), if prepared by another a post-sentence investigation report if the judge has requested the preparation of such a report in accordance with the provisions of Texas Code of Criminal Procedure, article 42.12 §9(k). A CSO shall prepare (or review and approve, if prepared by another) a PSIR on all misdemeanor defendants 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.
4. (d) PSIR Format. CSCD directors shall ensure that CSOs and any other designated individuals who prepare, complete, review or approve PSIRs follow, at a minimum, an approved TDCJ-CJAD PSIR format in preparing felony PSIRs. CSOs may use a format other than the TDCJ-CJAD PSIR format as long as the content requirements outlined in Texas Code of Criminal Procedure, article 42.12, §9(a) and the preceding subsection (c) of this section are met and are in the format as approved both by TDCJ-CJAD and the court having jurisdiction of the defendant.
5. (e) Staffing for PSIR. CSCD directors shall have the necessary trained staff and resources to conduct pre-sentence 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. If a PSIR has been prepared as set forth in subsections (c) and (d) of this section, the CSCD director shall forward to the county that transfers a defendant to the TDCJ that defendant's PSIR, as well as any other information required by law. To the extent it is available, CSOs shall also forward to the county that transfers the defendant any additional information that has been, prepared by a CSO for a revocation or other hearing updating information in the PSIRs.
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; amended to be effective June 20, 2002, 27 TexReg 5220.