O. Prison, parole and probation reports.

1. Pre-sentence reports. It is possible that a reporter might argue the pre-sentence reports should be available as public records, in light of the Ninth Circuit's decision recognizing a constitutional right of access to pre-sentence reports prepared for a judge before sentencing. See United States v. Schlette, 842 F.2d 1574 ( 9th Cir. 1988). However, note that Alaska rules of court provide that any information contained in a pre-sentence report is, by rule, confidential. Alaska R. Crim. P. 32.1(b)(3).

2. Pre-parole reports. In order to determine whether a prisoner is suitable for discretionary parole, the parole board must consider a pre-parole report. This report includes the pre-sentence report to the sentencing court, recommendations made by the sentencing court, by the prosecuting attorney, by the defense attorney, and statements made by the victim or the prisoner at sentencing, the prisoner's institutional history, recommendations of the correctional facilities staff, and other things. The pre-parole report for the most part is available to pretty much everyone but the public: It may be disclosed to the parole board, the sentencing judge, the prosecuting and defense attorneys, the prisoner, the prisoner's attorney, the attorney for the parole board, the staff of the board, and others who have access to parole board information. Otherwise, however, it is confidential. It is possible that a reporter might argue the pre-parole reports should be available notwithstanding the confidentiality provision of AS 33.16.170, in light of the Ninth Circuit's decision recognizing a constitutional right of access to pre-sentence reports prepared for a judge before sentencing. See United States v. Schlette, 842 F.2d 1574 (9th Cir. 1988). However, this will not necessarily be the case since pre-sentence reports are prepared by employees of the judicial branch, and solely for use by the sentencing judge, and the right of access analysis has been applied generally to judicial proceedings and documents. But see, D.Ak. Crim.R.32.2.The parole board is an executive branch agency, and the reports and records of such agencies are traditionally analyzed in terms of public records laws where such confidentiality provisions are recognized and honored as exceptions to the extent the legislature provides. If the question arises, it will probably need to be answered by the courts. Subject to any constitutional issues Alaska courts have not addressed yet, release of state pre-sentence reports is governed by Alaska Criminal Rule 32.1(b). See generally, 1994 Police Records AG Opinion, § F.2.

3. Convict photographs. A victim is entitled upon request to a photograph of an offender who is released or escapes from incarceration, but must keep it for personal use only and cannot distribute it, according to AS 33.30.013(e). However, the limitation on use or access set forth in this statute may be open to question, since the Alaska Supreme Court has recognized in other contexts that convicts have no reasonable expectation of privacy in photographs of them in connection with their status as convicted offenders.  E.g., in the context of a challenge to the Alaska Sex Offender Registry Act, with respect to the state's explicit constitutional right of privacy, the Alaska Court of Appeals noted the constitutional protection of an individual's privacy depends on the factual context and the competing interests between society and the individual.  The court said that at least in the context of convicted sex offenders, the offender's assumed subjective expectation of privacy in biographical information gathered and released pursuant to the statute must yield to society's public safety interest. Patterson v. St., 985 P.2d 1007 (Alaska App. 1999). The court found that any subjective expectation of privacy held by the sex offenders in matters already of public record, such as details of conviction or date of birth, or in his physical appearance — as represented by his photograph, or in his employer's address, was not an expectation society would recognize as reasonable. Id. Comp. Doe v. State, 183 P.3d 999, 1002 (Alaska 2008) (referencing posting of convicts’ photos on internet as part of ASORA implementation).

4. Prisoner data. AS 33.30.211 provides that the commissioner of Department of Corrections shall adopt regulations providing for the confidentiality of documents that are transmitted to the correctional facility with a prisoner, including the pre-sentence report, and other information of the probation office or of the court that may affect the person's rehabilitation. Presumably, this confidentiality provision cannot supersede the right of access the public might have to documents that are otherwise public, pursuant to the Schlette case, or other provisions of law.

5. Monitored phone calls. Prison officials may monitor prisoners' telephone calls to preserve security and order, and to protect the public, if they post a warning informing the prisoner that this may be done. Recordings of prisoners' telephone calls are confidential. AS 33.20.231(c).