Current through the 2024 Fourth Special Session
Section 63M-7-527 - Records - Requirements for release(1) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a confidential record, a public restitution record, and a nonpublic restitution record may only be disclosed as provided in this section.(2) A confidential record may be provided to: (a) the claimant who is the subject of the record if the record requested does not contain mental health treatment information; or(b) the person who submitted the record to the office.(3) A confidential record may be used in: (a) a criminal investigation or prosecution when the office suspects that a reparations claim may be fraudulent; or(b) a subrogation action brought by the office in accordance with Section 63M-7-519.(4)(a) The office may disclose a public restitution record for the purpose of carrying out this part.(b) The office shall disclose a public restitution record to the Board of Pardons and Parole for a restitution matter.(5)(a) If the office requests restitution in a criminal case and the offender requests a restitution hearing, the office shall provide a nonpublic restitution record to the court, the prosecuting attorney, and counsel for the offender.(b) A person may not:(i) disseminate a nonpublic restitution record obtained under this Subsection (5); or(ii) share a nonpublic restitution record with the offender unless the office and claimant agree, in writing, to the disclosure.(6) Before the office may disclose a restitution record under Subsection (4) or (5), the office shall redact: (a) the name, not including the initials, of a minor or an individual who has been the victim of a sexual assault;(b) the contact information of a claimant or a witness, including a physical address, phone number, or email address;(c) a claimant's date of birth and social security number; and(d) any information that would jeopardize the health or safety of a claimant.Added by Chapter 135, 2024 General Session ,§ 6, eff. 5/1/2024, technically renumbered for proper placement.