The proposed bill would amend current statutes by establishing that all probation records are public records that must be disclosed upon request, unless specifically exempted. This change would exempt adult probation departments, officers, and community supervision units from existing laws governing access to judicial branch records. The bill outlines specific categories of information that must be redacted or withheld, including victim information, identifying details of minors, medical records, active criminal investigations, and the identity of confidential informants.

Additionally, if a probation record is withheld, the probation department would be required to provide a written explanation within ten business days, cite the relevant statute justifying nondisclosure, and inform the requester of their right to appeal. The bill also allows individuals to appeal the withholding of records to the court, which must schedule a hearing within twenty business days. Furthermore, the court would have the authority to impose civil penalties for violations of these requirements and award attorney fees. The definition of "probation records" would be expanded to include various documents and reports related to probation activities.

Statutes affected:
Introduced Version: 13-922
Senate Engrossed Version: 13-922