                                 CODE OF VIRGINIA

CONFIDENTIALITY OF RECORDS OF AND REPORTS ON ADULT PERSONS UNDER INVESTIGATION
BY, OR PLACED ON PROBATION SUPERVISION WITH A LOCAL COMMUNITY-BASED PROBATION
SERVICES AGENCY (§ 9.1-177.1)

A. Any investigation report, including a presentencing investigation report,
prepared by a local community-based probation officer is confidential and is
exempt from the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et seq.).
Such reports shall be filed as a part of the case record. Such reports shall be
made available only by court order and shall be sealed upon final order by the
court; except that such reports shall be available upon request to (i) any
criminal justice agency, as defined in &#xA7; 9.1-101, of this or any other
state or of the United States; (ii) any agency where the accused is referred for
assessment or treatment; (iii) counsel for the person who is the subject of the
report; or (iv) counsel who represents the person in pursuit of a
post-conviction remedy, subject to the limitations set forth in &#xA7; 37.2-901.

B. Any report on the progress of an offender under the supervision of a local
community-based probation agency and any information relative to the identity of
or inferring personal characteristics of an accused, including demographic
information, diagnostic summaries, records of office visits, medical, substance
abuse, psychiatric or psychological records or information, substance abuse
screening, assessment and testing information, and other sensitive information
not explicitly classified as criminal history record information, is exempt from
the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et seq.). However, such
information may be disseminated to criminal justice agencies as defined in
&#xA7; 9.1-101 in the discretion of the custodian of these records.

HISTORY: 2002, c. 769; 2003, c. 146; 2006, c. 289; 2007, c. 133; 2010, c. 223.