Official Text and Analysis.

Exempts from public disclosure certain records relating to incarcerated individuals maintained by the Department of Corrections including body scanner images, records maintained pursuant to the Prison Rape Elimination Act, and certain health information.

Makes records or information contained in records of an incarcerated person who has identified as transgender that are created or maintained pursuant to the Prison Rape Elimination Act not exempt from disclosure if, after investigation, the Department of Corrections has identified that person as a perpetrator or a victim of sexual abuse while incarcerated. Specifies that the records or information contained in records of an incarcerated person who has identified as transgender that are created or maintained pursuant to the Prison Rape Elimination Act remain exempt from disclosure if the incarcerated person is a victim of rape that occurred while incarcerated, unless the victim providespermission for disclosure.

Specifies that the records and information related to the Prison Rape Elimination Act that are subject to disclosure are the records and information contained in violation or infraction records or referrals to law enforcement. Removes the requirement to disclose body scanner images to a requestor who is the subject of the record, a person with written permission for disclosure from the subject of the record, or a personal representative of the subject of the record, and instead specifies that the exemptions for the remaining exempt records are not applicable to such persons. Removes provisions that refer to existing statutes pertaining to the disclosure requirements of jail records. Specifies that the health information which is exempt from disclosure is health information that directly relates to a record or information described in the act. Specifies that "the fact that" (rather than "whether") an incarcerated individual participated in, failed to participate in, was terminated from, or satisfactorily completed the court-ordered treatment or programming, is not considered health information.

(1) Specifies categories of records created or maintained pursuant to the Prison Rape Elimination Act which are exempt from public disclosure requirements. (2) Specifies information relating to medical, mental health, or dental services as health information exempt from public disclosure requirements under the bill. (3) Removes references to programming and information related to death, coma, or persistent vegetative state from exceptions to the definition of health information.

Makes information identifying the transgender, intersex, nonbinary, or gender nonconforming status of an individual alleged to have committed an act which was substantiated after an investigation under the Prison Rape Elimination Act subject to disclosure.

House concurred in Senate amendments. Passed final passage.