19.2-152.4:2 - Confidentiality of records of and reports on adult persons under investigation by or in the custod... - Virginia Statutes

§ 19.2-152.4:2. Confidentiality of records of and reports on adult personsunder investigation by or in the custody or supervision of a local pretrialservices agency.

A. Any pretrial investigation report prepared by a local pretrial servicesofficer is confidential and is exempt from the Virginia Freedom ofInformation Act (§ 2.2-3700 et seq.). Such reports shall be filed as a partof the case record. Such reports shall be sealed upon receipt by the courtand made available only by court order; except that such reports shall beavailable upon request to (i) any criminal justice agency, as defined in §9.1-101, of this or any other state or of the United States; (ii) any agencywhere the accused is referred for assessment or treatment; or (iii) counselfor the person who is the subject of the report.

B. Any report on the progress of an accused under the supervision or custodyof a pretrial services agency and any information relative to the identity ofor inferring personal characteristics of an accused, including demographicinformation, diagnostic summaries, records of office visits, medical,substance abuse, psychiatric or psychological records or information,substance abuse screening, assessment and testing information, and othersensitive information not explicitly classified as criminal history recordinformation, is exempt from the Virginia Freedom of Information Act (§2.2-3700 et seq.). However, such information may be disseminated to criminaljustice agencies as defined in § 9.1-101 in the discretion of the custodianof these records.

(2002, c. 769; 2007, c. 133.)