U Memo 10-2Posted on Sep 9, 2009 in Informal Opinions - UIPA Opinions
U Memo 10-2
September 9, 2009
Request for Parolees’ Files by Their Attorneys
OIP was asked whether the Hawaii Paroling Authority (“HPA”) may keep the names of witnesses and informants confidential in response to requests for disclosure of parolee records submitted to the HPA Board. HPA further inquired as to whether disclosure of the packet provided to the HPA Board complies with the UIPA in response to requests for parolee files by the parolees’ legal counsel.
OIP found that the names of confidential witnesses or informants may be excluded from disclosure if they are part of a report prepared by the HPA at any stage of its enforcement work. Additionally, those parts of records that would reveal the identity of confidential sources may also be excluded from disclosure.
OIP also found that the HPA may offer attorneys the option of a copy of the Parole Board packet instead of the parolee’s file. However, the parolee file, excluding privileged information, must be disclosed if the requester is unwilling to accept the HPA Board packet as an alternative.