§ 6-1906. Interim rules for electronic access to presentence investigation reports by the prosecuting attorney, defense counsel, and the courts.

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§ 6-1906. Interim rules for electronic access to presentence investigation reports by the prosecuting attorney, defense counsel, and the courts.

   Inspection of presentence reports under Neb. Rev. Stat. § 29-2261 by the prosecuting attorney and defense counsel shall be by electronic means as determined and developed by the Administrative Office of the Courts and Probation unless the trial court determines such access is not available under the terms of the pilot project.

   (A) Pilot Project. Beginning July 1, 2016, electronic inspection of presentence reports is authorized on a pilot project basis for specified probation districts and the respective district and county courts in Nebraska, as set forth in a schedule set by the Administrative Office of the Courts and Probation, as revised from time to time, with a timeline for statewide availability to be determined by the outcome of the pilot project. At the discretion of the presiding judge of the particular court, in consultation with the Chief Justice, electronic inspection of presentence reports may be suspended in certain courts that are experiencing technical difficulties.

   (B) All probation districts shall follow a standardized procedure and process for creating, storing, inspecting, and sharing presentence reports. The Administrative Office of the Courts and Probation shall ensure each probation district in the pilot project is creating and sharing the same information in the same manner.

   (C) Once a court orders a presentence report under § 29-2261 and the report is completed for an offender, the probation office shall convert the report, and any substance abuse evaluation(s), and/or psychiatric examination(s) into a portable document format (PDF), bearing the file extension ".pdf" containing a computer-readable image of a document, capable of being viewed with a recent version of Adobe Reader or similar software.

   (D) The Probation Office shall submit the report directly to the judge via the Internet through the court-authorized service provider.

   (E) Once the presentence report is received electronically, the judge may then open electronic access to the prosecuting and defense attorneys entered on the case, as specified in the court's case management system, JUSTICE. Attorney access is via the Internet through the court-authorized service provider, Nebraska.gov.

   (1) The report and its contents shall not be disclosed directly or indirectly by the attorneys or the trial judge absent a court order specifying to whom the report may be disclosed.

   (2) Attorneys shall not permit others to use their Nebraska.gov log-in or password information to view or inspect presentence reports.

   (3) After sentencing, the trial court shall determine when access to the report through Nebraska.gov by the named attorneys shall cease.

   (F) Once the Probation Office completes a presentence report, any addenda or supplements to the report shall be given to the Probation Office, even if personally received by the trial court, for inclusion in the report. If addenda or supplements are received by the court on the date of sentencing, then the court shall provide the original to the Probation Office as soon as practicable for inclusion in the report and may allow the prosecuting attorney and defense counsel to inspect a copy.

   (G) If the conviction and/or sentence is appealed, transfer of the presentence report to the appellate courts shall be by the Probation Office sending a PDF of the report to the appellate courts through e-mail to be uploaded to SCCALES. This procedure is temporary until a more permanent technological solution is implemented. This procedure shall be deemed to be in compliance with Neb. Ct. R. App. P. §§ 2-116(B)(1) and 2-216(B)(1).

   (H) Once the report is uploaded to SCCALES, the appellate courts shall cause access to the presentence report for the State and defense counsel entered in the case as specified in the appellate court's case management system, SCCALES. Attorney access is via the Internet through the court-authorized service provider, Nebraska.gov.

   (1) The report and its contents shall not be disclosed directly or indirectly by the attorneys absent a court order specifying to whom the report may be disclosed.

   (2) Attorneys shall not permit others to use their Nebraska.gov log-in or password information to view or inspect presentence reports.

   (3) Attorneys may also view presentence reports in the office of the Clerk of the Supreme Court and Court of Appeals using the terminal provided.

   (4) Whenever it appears in the appellate process that the need for access to the presentence report through Nebraska.gov by the named attorneys has concluded, access to the presentence report shall cease.

   (I) Access to the presentence report by the appellate courts for cases on appeal shall be through the appellate courts' secure SCCALES and SharePoint systems.

§ 6-1906 adopted June 29, 2016.