POLICY

To help enforce statutes and for staff safety, probation/parole officers must be given access to records or data collected regarding a weapons permit applied or held by any individual, who is a defendant, parolee or probationer of a district court.

BACKGROUND

MS 624.714, Subd 15 mandates that an automated database be maintained, of persons authorized to carry pistols under this section.   This database or list is presently only accessed by law enforcement agencies, including prosecutors.  Even though some state statutes ascribe to probation/parole officers “the general powers and duties of peace officers [MS 244.19 Sub 3], a strict reading of the Citizens Personal Protection Act currently prohibits probation/parole officers from gaining access to the database or list.

There are two main reasons for this request:

1. Pre-sentence investigations: The Citizens Personal Protection Act requires courts to revoke permits as part of sentencing if a permit-holder is convicted of certain crimes.  Since probation/parole officers are responsible for pre-sentence investigations, the purpose of the law would be better served by giving probation/parole officers access to this database or list.
2. Staff safety: knowing that a weapon may be present enables staff who are visiting offenders in their homes to better assess risk and take reasonable precautions.

For more information, contact:
Cal Saari (218/885-1375)

11-10-07