From the Journal Gazette (Fort Wayne):
Q: Reporter wants access to a pardon file from the Indiana Parole Board. The board is taking a lot of time to review and redact it. Is this legal?
A: The board can redact records required to be kept confidential or that they have the discretion to keep confidential.
For example, if the files include psychological reports or makes references to mental health records, they would need to be redacted.
The Department of Corrections also has the unique ability to declare records confidential, so that could lead to additional redaction. The inmate’s pre-sentencing report from the trial court is another mandatory confidential record.
So the delay may be legitimate.
Contact Steve Key, HSPA executive director and general counsel, with media law questions at skey@hspa.com or (317) 624-4427.
