559.125. Record of applications for probation or parole to be kept — information to be privileged — exceptions. — 1. The clerk of the court shall keep in a permanent file all applications for probation or parole by the court, and shall keep in such manner as may be prescribed by the court complete and full records of all presentence investigations requested, probations or paroles granted, revoked or terminated and all discharges from probations or paroles. All court orders relating to any presentence investigation requested and probation or parole granted under the provisions of this chapter and sections 558.011 and 558.026 shall be kept in a like manner, and, if the defendant subject to any such order is subject to an investigation or is under the supervision of the division of probation and parole, a copy of the order shall be sent to the division of probation and parole. In any county where a parole board ceases to exist, the clerk of the court shall preserve the records of that parole board.
2. Information and data obtained by a probation or parole officer shall be privileged information and shall not be receivable in any court. Such information shall not be disclosed directly or indirectly to anyone other than the members of a parole board and the judge entitled to receive reports, except the court, the division of probation and parole, or the parole board may in its discretion permit the inspection of the report, or parts of such report, by the defendant, or offender or his or her attorney, or other person having a proper interest therein.
3. The provisions of subsection 2 of this section notwithstanding, the presentence investigation report shall be made available to the state and all information and data obtained in connection with preparation of the presentence investigation report may be made available to the state at the discretion of the court upon a showing that the receipt of the information and data is in the best interest of the state.
Notes of Decisions
Cited in
12
cases (
4 in the last 5 years), 1994–2023 · leading case:
Webb v. State, 334 S.W.3d 126 (Mo. 2011).
Webb v. State, 334 S.W.3d 126 (Mo. 2011).
· cites it 6× “Section 559.125, RSMo 2000, allows only the parole board and "the judge entitled to receive [presentence] reports" to view the presentence reports.”
Williams v. State, 168 S.W.3d 433 (Mo. 2005).
· cites it 3× “Third, the probation and parole records are confidential under section 559.125, RSMo 2000. The motion court did not err in declining to order production of these records.”
State of Missouri v. Russell Allen Renfrow, Jr., 495 S.W.3d 840 (Mo. Ct. App. 2016).
· cites it 6× “Although the defendant was facing the death penalty and sought information concerning two of the State’s primary witnesses against him, the Supreme Court held that the defendant was not entitled to discovery because "the probation and parole records are confidential under…”
State v. Dale, 874 S.W.2d 446 (Mo. Ct. App. 1994).
· cites it 8× “Their testimony was objected to by the defense based upon the privileged communications as provided by § 559.125 RSMo Supp.1990. In addition, the state offered exhibit 55, the transcript of appellant’s probation violation hearing on January 17,1992.”
Richardson v. Sherwood, 337 S.W.3d 58 (Mo. Ct. App. 2011).
· cites it 4× “Section 559.125 Section 559.125, which was invoked by Plaintiff in his petition and argued to the court at trial, removes any question about discretion.”
State v. Williams, 427 S.W.3d 259 (Mo. Ct. App. 2014).
· cites it 2× “Such information shall not be disclosed directly or indirectly to anyone other than the members of a parole, board and the judge entitled to receive reports, except the court or the board may in its discretion permit the inspection of the report, or parts of such report, by the…”
Anthony Balbirnie v. State of Missouri, 649 S.W.3d 345 (Mo. Ct. App. 2022).
· cites it 5× “Although the defendant was facing the death penalty and sought information concerning two of the State’s primary witnesses against him, the Supreme Court held that the defendant was not entitled to discovery because “the probation and parole records are confidential under…”
State of Missouri v. Belvin L. Williams, Jr., No. ED99841 (Mo. Ct. App. Apr. 1, 2014).
· cites it 2× “Section 559.125 provides: 2. Information and data obtained by a probation or parole officer shall be privileged information and shall not be receivable in any court.”
James W. Chambers v. Michael Bowersox, No. 97-3067 (8th Cir. Sept. 23, 1998).
“780 (1982), recodified at Mo. Rev. Stat. § 559.125 (1990).3 This statute provided that: Information and data obtained by a probation or parole officer shall be privileged information, and shall not be receivable in any court.”
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