Section 14. Confidentiality and Maintenance of Pretrial Services Records
Effective December 8, 2022
(a) A pretrial services entity shall develop and observe written policy and procedure that ensures the confidentiality and security of pretrial services records in accordance with all applicable law, including Indiana Administrative Rule 6, Indiana Administrative Rule 7, Indiana Administrative Rule 9, and the Rules on Access to Court Records governing the storage, retention, disposal, and release of pretrial records.
(b) Pretrial services shall maintain a copy of an arrestee’s or pretrial defendant’s release order imposing pretrial release conditions pursuant to IC 35-33-8-3.2, pretrial interview advisement (if applicable), pretrial services report, and any other documentation related to monitoring or supervising release conditions in the person’s pretrial services record.
(c) Statements by Arrestee (Criminal Rule 2.6(D))
(1) Evidence of an arrestee’s statements and evidence derived from those statements made for use in preparing the IRAS-PAT are not admissible against the arrestee or pretrial defendant in any civil or criminal proceeding.
(2) The court may admit an arrestee’s statements:
(A) in a pretrial proceeding involving the arrestee or pretrial defendant; or
(B) in any proceeding in which another statement made in preparing an authorized evidence-based risk assessment tool has been introduced, if in fairness the statements ought to be considered together.
(3) No statements made for these purposes may be used in any other court except in a pretrial proceeding.