(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. Renumbered and Amended by Chapter 291, 2026 General Session Renumbered 7/1/2026
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