Section 210IAC1-6-4. Inspection rights of offenders and juveniles

   (a) An offender or a person designated in writing by an offender as his or her agent may inspect those portions of the offender's own official record classified as unrestricted and restricted consistent with the following:

(1) The requestor shall provide a valid picture identification and a signed authorization from the appropriate offender identifying the person acting as his or her agent and specifying the documents to be released to the agent.

(2) A person committed to or under the legal control of the department or on probation to a court may not act as an offender's agent. If doubt exists as to the identity of the offender's agent or the validity of the release, the offender shall be contacted for verification when possible.

(3) The cost of copying records under this section shall be assessed to the requestor and shall be consistent with approved schedules.

(4) If the offender's signed authorization is not on file with the facility or is not presented upon making the request, the requestor shall be advised that he or she may obtain such consent from the offender or file a formal request for access to records with the department.

(5) The requestor shall be advised in the event the request is denied to direct his or her appeal to the deputy commissioner of adult operations, who shall notify the requestor of his or her decision within thirty (30) days. If the deputy commissioner disapproves the request, an appeal may be taken within thirty (30) days to the commissioner of the department who shall review the request and notify the requestor of his or her decision within thirty (30) days.

  (b) Release of juvenile records shall comply with the following:

(1) A juvenile may not access his or her own records or the records of other juveniles or offenders.

(2) Juvenile records may be released to a parent or legal guardian upon specific written request unless the release of such record or records is contrary to the health, welfare, or safety of the juvenile or others.

(3) A parent or legal guardian committed to or under the legal control of the department or on probation to a court may not access a juvenile's record. If doubt exists as to the identity of the juvenile's parent or legal guardian or the validity of the request, the juvenile and his or her parent or legal guardian shall be contacted for verification.

(4) The cost of copying records under this section shall be assessed to the requestor and shall be consistent with approved schedules.

(5) In the event a request for access to records is denied, the requestor shall be advised to direct his or her appeal to the deputy commissioner of juvenile services who shall notify the requestor of his or her decision within thirty (30) days. If the deputy commissioner disapproves the request, an appeal may be taken within thirty (30) days to the commissioner of the department who shall review the request and notify the requestor of his or her decision within thirty (30) days.

(Department of Correction; Offender Records, Art IV; filed Jul 30, 1979, 2:25 pm: 2 IR 1200; readopted filed Nov 15, 2001, 10:42 a.m.: 25 IR 1269; filed Jun 17, 2003, 9:25 a.m.: 26 IR 3539; readopted filed Dec 2, 2009, 2:18 p.m.: 20091223-IR-210090805RFA; readopted filed Nov 15, 2016, 1:28 p.m.: 20161214-IR-210160374RFA)