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House approves bill clarifying confidentiality and custody of corrections reports
Summary
The House passed HB 305 to make certain Department of Corrections presentence and diagnostic reports department property for internal use and to exempt those reports from public records, citing confidentiality concerns; the bill passed 75–0 and will go to the Senate.
Representative James presented House Bill 305, explaining the bill addresses confidentiality for presentence, diagnostic and related reports prepared by the Department of Corrections. He said the reports contain sensitive personal information (delinquency, criminal history, social background, mental and physical health and rehabilitative resources) and that the bill clarifies those reports become property of the Department of Corrections for internal departmental use only.
James noted the transcript references to confidentiality appear in section 77-18-1 of the code and that the bill allows the department to make rules under the Utah Administrative Rulemaking Act (chapter 46a, title 63) regarding closure of reports to maintain confidentiality. Supporters argued the change protects damaging information from release except by express court order or by rule for court/board use.
Voting opened and closed on House Bill 305 and the clerk reported the bill "having received 75 affirmative votes, 0 negative votes"; the bill will be forwarded to the Senate for further consideration.
