§ 11-8-5-2 — Classification; denial of access; disclosure to certain parties

Indiana § 11-8-5-2

• Jurisdiction: Indiana
• Art. 8: GENERAL PROVISIONS: DEPARTMENT OF
• Ch. 5: Confidential Records

Text

(a) The department may, under IC 4-22-2,
classify as confidential the following personal information maintained
on a person who has been committed to the department or who has
received correctional services from the department:
(1) Medical, psychiatric, or psychological data or opinion which
might adversely affect that person's emotional well-being.
(2) Information relating to a pending investigation of alleged
criminal activity or other misconduct.
(3) Information which, if disclosed, might result in physical harm
to that person or other persons.
(4) Sources of information obtained only upon a promise of
confidentiality.
(5) Information required by law or promulgated rule to be
maintained as confidential.
(b) The department may deny the person about whom the
information pertains and other persons access to information classified
as confidential under subsection (a). However, confidential information
shall be disclosed:
(1) upon the order of a court;
(2) to employees of the department who need the information in
the performance of their lawful duties;
(3) to other agencies in accord with IC 4-1-6-2(13) and IC 4-1-6-8.5;
(4) to the governor or the governor's designee;
(5) for research purposes in accord with IC 4-1-6-8.6(a);
(6) to the department of correction ombudsman bureau in accord
with IC 11-11-1.5;
(7) to a person who is or may be the victim of fraud under IC 35-43-5-4(b)(6) if the commissioner determines that the interest
in disclosure overrides the interest to be served by nondisclosure;
or
(8) if the commissioner determines there exists a compelling
public interest for disclosure which overrides the interest to be
served by nondisclosure.
(c) The department shall disclose information classified as
confidential under subsection (a)(1) to a physician, psychiatrist, or
psychologist designated in writing by the person about whom the
information pertains.
(d) The department may disclose confidential information to the
following:
(1) A provider of sex offender management, treatment, or
programming.
(2) A provider of mental health services.
(3) Any other service provider working with the department to
assist in the successful return of an offender to the community
following the offender's release from incarceration.
(e) This subsection does not prohibit the department from sharing
information available on the Indiana sex offender registry with another
person.
As added by Acts 1979, P.L.120, SEC.1. Amended by
P.L.292-2001, SEC.4; P.L.140-2006, SEC.12 and P.L.173-2006,
SEC.12; P.L.81-2008, SEC.1; P.L.136-2018, SEC.107; P.L.10-2019,
SEC.51; P.L.174-2021, SEC.5.