13.84 COURT SERVICES DATA.
Subdivision 1. Definition.
As used in this section "court services data" means data that
are created, collected, used or maintained by a court services department, parole or probation
authority, correctional agency, or by an agent designated by the court to perform studies or other
duties and that are on individuals who are or were defendants, parolees or probationers of a
district court, participants in diversion programs, petitioners or respondents to a family court, or
juveniles adjudicated delinquent and committed, detained prior to a court hearing or hearings, or
found to be dependent or neglected and placed under the supervision of the court.
Subd. 2. General.
Unless the data is summary data or a statute, including sections
, specifically provides a different classification, the following court services data are
classified as private pursuant to section
13.02, subdivision 12
(a) Court services data on individuals gathered at the request of a district court to determine
the need for any treatment, rehabilitation, counseling, or any other need of a defendant, parolee,
probationer, or participant in a diversion program, and used by the court to assist in assigning an
appropriate sentence or other disposition in a case;
(b) Court services data on petitioners or respondents to a family court gathered at the request
of the court for purposes of, but not limited to, individual, family, marriage, chemical dependency
and marriage dissolution adjustment counseling, including recommendations to the court as to
the custody of minor children in marriage dissolution cases;
(c) Court services data on individuals gathered by psychologists in the course of providing
the court or its staff with psychological evaluations or in the course of counseling individual
clients referred by the court for the purpose of assisting them with personal conflicts or difficulties.
Subd. 3. Third party information.
Whenever, in the course of gathering the private data
specified above, a psychologist, probation officer or other agent of the court is directed by the
court to obtain data on individual defendants, parolees, probationers, or petitioners or respondents
in a family court, and the source of that data provides the data only upon the condition of its being
held confidential, that data and the identity of the source shall be confidential data on individuals,
pursuant to section
13.02, subdivision 3
Subd. 4. Probation data.
Progress reports and other reports and recommendations provided
at the request of the court by parole or probation officers for the purpose of determining the
appropriate legal action or disposition regarding an individual on probation are confidential
data on individuals.
Subd. 5. Disclosure.
Private or confidential court services data shall not be disclosed except:
(a) pursuant to section
(b) pursuant to a statute specifically authorizing disclosure of court services data;
(c) with the written permission of the source of confidential data;
(d) to the court services department, parole or probation authority or state or local correctional
agency or facility having statutorily granted supervision over the individual subject of the data;
(e) pursuant to subdivision 6; or
(f) pursuant to a valid court order.
Subd. 6. Public benefit data.
(a) The responsible authority or its designee of a parole or
probation authority or correctional agency may release private or confidential court services
data related to:
(1) criminal acts to any law enforcement agency, if necessary for law enforcement purposes;
(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts to the extent
that the data are necessary for the victim to assert the victim's legal right to restitution.
(b) A parole or probation authority, a correctional agency, or agencies that provide
correctional services under contract to a correctional agency may release to a law enforcement
agency the following data on defendants, parolees, or probationers: current address, dates of
entrance to and departure from agency programs, and dates and times of any absences, both
authorized and unauthorized, from a correctional program.
(c) The responsible authority or its designee of a juvenile correctional agency may release
private or confidential court services data to a victim of a delinquent act to the extent the data are
necessary to enable the victim to assert the victim's right to request notice of release under section
. The data that may be released include only the name, home address, and placement site
of a juvenile who has been placed in a juvenile correctional facility as a result of a delinquent act.
Subd. 7. Public data.
The following court services data on adult individuals is public:
(a) name, age, date of birth, sex, occupation and the fact that an individual is a parolee,
probationer or participant in a diversion program, and if so, at what location;
(b) the offense for which the individual was placed under supervision;
(c) the dates supervision began and ended and the duration of supervision;
(d) court services data which was public in a court or other agency which originated the data;
(e) arrest and detention orders, orders for parole or probation revocation and the reasons
(f) the conditions of parole, probation or participation and the extent to which those
conditions have been or are being met;
(g) identities of agencies, units within agencies and individuals providing supervision; and
(h) the legal basis for any change in supervision and the date, time and locations associated
with the change.
Subd. 8. Limitation.
Nothing in this section shall limit public access to data made public
Subd. 9. Child abuse data; release to child protective services.
A court services agency
may release private or confidential data on an active case involving assessment or investigation
of actions that are defined as sexual abuse, physical abuse, or neglect under section
a local welfare agency if:
(1) the local welfare agency has an active case involving a common client or clients who are
the subject of the data; and
(2) the data are necessary for the local welfare agency to effectively process the agency's
case, including investigating or performing other duties relating to the case required by law.
Court services data disclosed under this subdivision may be used only for purposes of the
active case described in clause (1) and may not be further disclosed to any other person or agency,
except as authorized by law.
History: 1981 c 311 s 39; 1982 c 545 s 18,24; 1985 c 298 s 38,39; 1988 c 670 s 5,6; 1989 c
278 s 1; 1990 c 573 s 18; 1990 c 579 s 1; 1991 c 319 s 14; 1994 c 618 art 1 s 16; 1999 c 227 s
22; 2000 c 468 s 15; 2006 c 260 art 5 s 1,2