(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.