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H.B. 328

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DEPARTMENT OF CORRECTIONS - RECORD REQUESTS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Robert H. M. Killpack

5    AN ACT RELATING TO STATE INSTITUTIONS; DEPARTMENT OF CORRECTIONS -
6    STATE PRISON; PROVIDING DEFINITIONS; EXEMPTING THE DEPARTMENT FROM
7    GOVERNMENT RECORD ACCESS MANAGEMENT ACT PROVISIONS; PROVIDING
8    GROUNDS FOR DENIAL; PROVIDING FOR OFFENDER'S APPEAL OF DENIAL OF
9    ACCESS; REQUIRING RULEMAKING AND PROCEDURAL GUIDELINES; AND
10    MAKING TECHNICAL CHANGES.
11    This act affects sections of Utah Code Annotated 1953 as follows:
12    AMENDS:
13         64-13-27, as last amended by Chapter 234, Laws of Utah 1993
14    Be it enacted by the Legislature of the state of Utah:
15        Section 1. Section 64-13-27 is amended to read:
16         64-13-27. Definitions -- Records -- Access -- Grounds for denial -- Right to appeal
17     -- Rulemaking.
18        For purposes of this section:
19        (1) "Legitimate penological interests" means consideration:
20        (a) of whether or not there is a valid, rational connection between the department
21    regulation and the legitimate and neutral governmental interest put forward to justify the
22    regulation;
23        (b) of whether or not there are alternative means of exercising the right that remain open
24    to the offender;
25        (c) of the impact the accommodation of the asserted constitutional right will have on
26    department guards and other offenders, and on the allocation of department resources generally;
27    and


1        (d) whether or not there is an absence of ready alternatives.
2        (2) "Offender" means any person who is incarcerated, treated, on probation, or on parole
3    under the supervision of the department or held pursuant to a contract or compact agreement.
4        [(1)] (3) (a) The Law Enforcement and Technical Services Division of the Department of
5    Public Safety, county attorneys' offices, and state and local law enforcement agencies shall furnish
6    to the department upon request a copy of records of any person arrested in this state.
7        (b) The department shall maintain centralized files on [all offenders] any offender under
8    the jurisdiction of the department and make the files available for review by other criminal justice
9    agencies upon request in cases where offenders are the subject of active investigations.
10        [(2)] (4) All records maintained by programs under contract to the department providing
11    services to [public] offenders are the property of the department.
12        (5) Notwithstanding the provisions of Title 63, Chapter 2, Government Records Access
13    and Management Act, the department is not required to provide offenders reasonable access and
14    inspection of any department record requested by an offender if the access and inspection is
15    contrary to legitimate penological interests.
16        (6) If an offender's request to access and inspect department records is denied, the offender
17    may appeal the denial only as provided by department rule promulgated pursuant to Title 63,
18    Chapter 46b, Utah Administrative Procedures Act.
19        (7) The department shall promulgate rules on policy and procedure governing the
20    offender's access and inspection of department records in accordance with Title 63, Chapter 46a,
21    Utah Administrative Rulemaking Act, and Title 63, Chapter 46b, Administrative Procedures Act.




Legislative Review Note
    as of 2-13-97 7:06 AM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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