Department of Corrections and Rehabilitation - Operations Manual

Chapter 1 – General Administration

Article 18 – Legal Matters

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14010.6.10.3 Subpoenas — Incarcerated Person and Supervised Person Records

  • Subpoenas for incarcerated person or supervised person records shall always be referred to the AGAttorney General’s Office except under the following circumstances:

    • The subpoena was issued by the incarcerated person’s or supervised person’s own attorney.

      • The attorney shall be informed that the incarcerated person’s or supervised person’s written consent is required for the attorney to review the record.

      • If the attorney is unwilling to fulfill this requirement, the matter shall be referred to the department’s OLAOffice of Legal Affairs.

  • Incarcerated person or supervised person medical records are sought in a civil action, not involving the department, where the incarcerated person or supervised person is a party.

    • Notice shall be given to the incarcerated person or supervised person prior to disclosure.