(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.
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Terms Used In Utah Code 63M-7-527

  • Board: means the Crime Victim Reparations and Assistance Board created under Section 63M-7-504. See Utah Code 63M-7-502
  • Claimant: means any of the following claiming reparations under this part:
         (5)(a) a victim;
         (5)(b) a dependent of a deceased victim; or
         (5)(c) an individual or representative who files a reparations claim on behalf of a victim. See Utah Code 63M-7-502
  • Confidential record: includes :
              (8)(b)(i) a reparations claim;
              (8)(b)(ii) any correspondence regarding:
                   (8)(b)(ii)(A) the approval or denial of a reparations claim; or
                   (8)(b)(ii)(B) the payment of a reparations award;
              (8)(b)(iii) a document submitted to the office in support of a reparations award;
              (8)(b)(iv) a medical or mental health treatment plan; and
              (8)(b)(v) an investigative report provided to the office by a law enforcement agency. See Utah Code 63M-7-502
  • Nonpublic restitution record: means a restitution record that contains a claimant's medical or mental health information. See Utah Code 63M-7-502
  • Offender: means an individual who has violated Title 76, Utah Criminal

    Code, through criminally injurious conduct regardless of whether the individual is arrested, prosecuted, or convicted. See Utah Code 63M-7-502

  • Office: means the director, the reparations and assistance officers, and any other staff employed for the purpose of carrying out the provisions of this part. See Utah Code 63M-7-502
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Public restitution record: means a restitution record that does not contain a claimant's medical or mental health information. See Utah Code 63M-7-502
  • Reparations claim: means a claimant's request or application made to the office for a reparations award. See Utah Code 63M-7-502
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 63M-7-502
  • Restitution record: includes :
              (42)(b)(i) a notice of restitution;
              (42)(b)(ii) an itemized list of payments;
              (42)(b)(iii) an invoice, receipt, or bill submitted to the office for reimbursement; and
              (42)(b)(iv) any documentation that the office relies on to establish a nexus between an offender's criminally injurious conduct and a reparations award made by the office. See Utah Code 63M-7-502
  • Sexual assault: means any criminal conduct described in Title 76,

    Chapter 5, Part 4, Sexual Offenses. See Utah Code 63M-7-502

  • Victim: means an individual who suffers bodily or psychological injury or death as a direct result of:
              (50)(a)(i) criminally injurious conduct; or
              (50)(a)(ii) the production of pornography in violation of Section 76-5b-201 or Utah Code 63M-7-502
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(2) A confidential record may be provided to:

     (2)(a) the claimant who is the subject of the record if the record requested does not contain mental health treatment information; or
     (2)(b) the person who submitted the record to the office.
(3) A confidential record may be used in:

     (3)(a) a criminal investigation or prosecution when the office suspects that a reparations claim may be fraudulent; or
     (3)(b) a subrogation action brought by the office in accordance with Section 63M-7-519.
(4)

     (4)(a) The office may disclose a public restitution record for the purpose of carrying out this part.
     (4)(b) The office shall disclose a public restitution record to the Board of Pardons and Parole for a restitution matter.
(5)

     (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.
     (5)(b) A person may not:

          (5)(b)(i) disseminate a nonpublic restitution record obtained under this Subsection (5); or
          (5)(b)(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:

     (6)(a) the name, not including the initials, of a minor or an individual who has been the victim of a sexual assault;
     (6)(b) the contact information of a claimant or a witness, including a physical address, phone number, or email address;
     (6)(c) a claimant’s date of birth and social security number; and
     (6)(d) any information that would jeopardize the health or safety of a claimant.
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