Is a PSI prepared in accordance with sec. 9 of 42.12 supposed to be filed with the District Clerk? If so, once the defendant pleads guilty or is convicted, does the PSI become public information, available to be disseminated to whoever requests it? Alternatively, is the PSI in the prosecutor's file public information? Most of our PSIs contain some reference to material obtained from TCIC or NCIC.

If it's in the court file, it's not subject to the Public Information Act. It is, however, subject to the common law rule that all information in the court's file is open to the public. Nevertheless, as I read the statute, there is no requirement that the PSI report be filed with the clerk. Moreover, the statute itself provides that the report is "confidential" and delineates an exclusive list of those persons to whom a PSI report may be released. See Tex. Code Crim. Proc. art. 42.12, sec. 9(j). Thus, as to a PSI report in the prosecutor's file, it is "expressly confidential under other law," see Tex. Gov't Code sec. 552.022(a), excepted from the Public Information Act's general requirement of disclosure, see id. at sec. 552.101, and, more ominously, its release could constitute a criminal offense. See id. at sec. 552.352(a). But other than that, I don't see a problem with it.

It seems pretty clear that the PSI should probably not be given to the clerk by the judge to be stored in the case file. Yet, often my judge goes back to refer to a PSI at the time he hears a motion to revoke. Assuming that is proper, these things need to be kept somewhere. How should they be maintained? It seems I have seen them sealed in an envelope in the Clerk's file. Is that the answer?

The question arose because some other prosecutor called the Clerk wanting a copy of a PSI (presumably to assist in his prosecution of that same person). I take it I should advise the Clerk (assuming I am going to assume the role of giving any advice) not to release the PSI to anyone except as provided in (j). Or should I tell the judge he may be encouraging a common-law disclosure of information that should be handled more delicately (in the future)?

Should we be receiving (or keeping) a copy of the PSI? What is the purpose of our "access to the information", since there is no provision for us to introduce evidence of factual inaccuracies therein and we probably couldn't change our plea bargain offer even if the PSI said it was dumb (unless the judge rejects the bargain).

Sounds like a tv show.

The Courts here keep a copy in the clerk's file. But the PSI is sealed by the Court and (supposedly) no one can get into one without leave of the court.