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Releasing information is delicate matter

By LeAnn Eckroth, Senior Staff Writer
Published/Last Modified on Monday, March 17, 2008 1:27 PM CDT


Law enforcement officers and the court system find it a delicate balance when it comes to what information is given out to the media, and ultimately the public. Factored into the decision of what information should released are public safety, whether information could be given out prematurely and ruin chances of arrest/prosecution/conviction, and the relevance of naming or endangering innocent victims.

Local law enforcement agencies release information about recent criminal events weekdays in a daily news conference at the Law Enforcement Center.

"Generally, if it is public record, we will release information if we are asked for them," said Captain Bob Stancel of the Williams County Sheriff's Office. "If we are legitimately requested information about an individual, we'll release it."

He said there are certain perimeters.

"If it is detrimental to a law enforcement investigation, we will not release that information," Stancel said. "Ultimately, when an investigation is completed and we feel information will not compromise an investigation, we will release it." He added that information released should not be detrimental to victims. Often, this data is withheld.

Naming of minors is prohibited by law unless a minor poses a serious threat.

"If he/she is a danger to the public, we will release the information," Stancel said.

In very serious incidents, a statewide alert will be given out.

"We have to look at the seriousness of the offense," he reasoned.

He said each case is unique in what is appropriate to be given out.

Residents of the five-county area are alerted when a high-risk sexual offender is released into the public or moves to the area, local sheriff officials release that information in a very public press release. The press release will state the convicted sex offender is not wanted by officials now, but does state the perpetrator offended in the past.

The public can check if an offender is living near on them on the North Dakota Attorney General's web site:

www.sexoffender.gov

Those using the web can simply punch in a zip code and find if there is a perpetrator living near them.

Medical information cannot be typically given due to strict regulations spelled out by the Health Insurance Portability and Accountability Act of 1996 (HIPPA). That means specific injuries of an accident victim often cannot be released unless authorized by the patient or family members.

Hospitals in this region do not release specific injuries or medical problems of a patient. It is up to hospital policy and patient's discretion whether or not release the status of the patient being treated -serious, fair, stable, good, etc.

Inmates' medical information also is protected under these laws. Certain medical and psychological information can be ordered sealed for public absorption by a judge's ruling.

If pertinent to an investigation, law officers can find out medical information covered in HIPAA laws. This still will not likely be released to the public.

Specific medical conditions are not released locally if they are the cause of vehicle accidents here.

"We release everything except items under investigation," said Williston Police Chief Don Wentz.

He explained law enforcement officers may simply need more time.

"If it's not ready, we will not release it," he said. "We will not release criminal charges on juveniles. We can release information about traffic accidents involving juveniles."

However, if charges were to become more serious such as vehicular homicide, the juvenile's name would not be released unless tried in adult court.

"Because of HIPPA laws, we cannot release any information about diabetes or other medical information," Wentz said.

He said if a medical condition caused a public threat, that would be a decision to be made at the time.

According to Wentz, once an arrest is made and the case moves to the State's Attorney's Office then the criminal information becomes public. He added for the sake of victims, the State's Attorney also can opt to keep some information from the public. One example may be sexual abuse of a child, where the names of the victims would not be made public.
 

Comments

    Concerned Parent wrote on Mar 18, 2008 1:22 AM:

    " This is an interesting article. I feel that the local Law Enforcement Agencies, Court System, Judges and State's Attorney have NOT protected the innocent victims in very sensitive cases. Our family had to endure this exact problem a few years ago. Williston is a SMALL community and people can easily figure out the victims names. By identifying the child as "Jane Doe", "John Doe" or stating that the child was a boy or girl can be harmful to families especially in sexual abuse cases. There are more appropriate ways to handle information so that it will not become public knowledge. "

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