Amends existing law to provide that certain records of the Department of Juvenile Corrections shall be exempt from disclosure.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 540 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO THE PUBLIC RECORDS ACT; AMENDING SECTION 74-105, IDAHO CODE, TO2 PROVIDE THAT CERTAIN RECORDS OF THE DEPARTMENT OF JUVENILE CORRECTIONS3 SHALL BE EXEMPT FROM DISCLOSURE AND TO MAKE TECHNICAL CORRECTIONS; AND4 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 74-105, Idaho Code, be, and the same is hereby7 amended to read as follows:8 74-105. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS,9 INVESTIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS,10 WORKER'S COMPENSATION. The following records are exempt from disclosure:11 (1) Investigatory records of a law enforcement agency as defined in12 section 74-101(7), Idaho Code, under the conditions set forth in section13 74-124, Idaho Code.14 (2) Juvenile records of a person maintained pursuant to chapter 5,15 title 20, Idaho Code, except that facts contained in such records shall be16 furnished upon request in a manner determined by the court to persons and17 governmental and private agencies and institutions conducting pertinent18 research studies or having a legitimate interest in the protection, welfare19 and treatment of the juvenile who is thirteen (13) years of age or younger.20 If the juvenile is petitioned or charged with an offense that would be a21 criminal offense if committed by an adult, the name, offense of which the22 juvenile was petitioned or charged, and disposition of the court shall be23 subject to disclosure as provided in section 20-525, Idaho Code. Addi-24 tionally, facts contained in any records of a juvenile maintained pursuant25 to chapter 5, title 20, Idaho Code, shall be furnished upon request to any26 school district where the juvenile is enrolled or is seeking enrollment.27 (3) Records of the custody review board of the Idaho department of ju-28 venile corrections, including records containing the names, addresses and29 written statements of victims and family members of juveniles, shall be ex-30 empt from public disclosure pursuant to section 20-533A, Idaho Code.31 (4)(a) The following records of the department of correction and the32 department of juvenile corrections:33 (i) Records of which the public interest in confidentiality, pub-34 lic safety, security and habilitation clearly outweighs the pub-35 lic interest in disclosure as identified pursuant to the authority36 of the state board of correction under section 20-212, Idaho Code,37 or the authority of the department of juvenile corrections under38 section 20-504, Idaho Code;39 (ii) Records that contain any identifying information or any in-40 formation that would lead to the identification of any victims or41 witnesses;42

2 (iii) Records that reflect future transportation or movement of a1 prisoner or juvenile;2 (iv) Records gathered during the course of the presentence inves-3 tigation or records gathered during the observation and assess-4 ment process at the department of juvenile corrections; and5 (v) Records of a prisoner as defined in section 74-101(10), Idaho6 Code, or probationer shall not be disclosed to any other prisoner7 or probationer.8 (b) Records, other than public expenditure records, related to pro-9 posed or existing critical infrastructure held by or in the custody10 of any public agency only when the disclosure of such information is11 reasonably likely to jeopardize the safety of persons, property or the12 public safety. Such records may include emergency evacuation, escape13 or other emergency response plans, vulnerability assessments, oper-14 ation and security manuals, plans, blueprints or security codes. For15 purposes of this paragraph, "system" includes electrical, computer16 and telecommunications systems, electric power (including produc-17 tion, generating, transportation, transmission and distribution), and18 heating, ventilation, and air conditioning. For purposes of this sub-19 section, "critical infrastructure" means any system or asset, whether20 physical or virtual, so vital to the state of Idaho, including its po-21 litical subdivisions, that the incapacity or destruction of such system22 or asset would have a debilitating impact on state or national economic23 security, state or national public health or safety, or any combination24 of those matters.25 (c) Records of the Idaho commission of pardons and parole shall be ex-26 empt from public disclosure pursuant to sections 20-1003 and 20-1005,27 Idaho Code. Records exempt from disclosure shall also include those28 containing the names, addresses and written statements of victims.29 (5) Voting records of the former sexual offender classification board.30 The written record of the vote to classify an offender as a violent sexual31 predator by each board member in each case reviewed by that board member32 shall be exempt from disclosure to the public and shall be made available33 upon request only to the governor, the chairman of the senate judiciary and34 rules committee, and the chairman of the house of representatives judiciary,35 rules and administration committee for all lawful purposes.36 (6) Records of the sheriff or Idaho state police received or maintained37 pursuant to sections 18-3302, 18-3302H and 18-3302K, Idaho Code, relating38 to an applicant or licensee, except that any law enforcement officer and law39 enforcement agency, whether inside or outside the state of Idaho, may access40 information maintained in the license record system as set forth in section41 18-3302K(16), Idaho Code.42 (7) Records of investigations prepared by the department of health and43 welfare pursuant to its statutory responsibilities dealing with the protec-44 tion of children, the rehabilitation of youth, adoptions and the commitment45 of mentally ill persons. For reasons of health and safety, best interests of46 the child or public interest, the department of health and welfare may pro-47 vide for the disclosure of records of investigations associated with actions48 pursuant to the provisions of chapter 16, title 16, Idaho Code, prepared by49 the department of health and welfare pursuant to its statutory responsibil-50

3 ities dealing with the protection of children, except any such records re-1 garding adoptions shall remain exempt from disclosure.2 (8) Records, including but not limited to investigative reports, re-3 sulting from investigations conducted into complaints of discrimination4 made to the Idaho human rights commission, unless the public interest in5 allowing inspection and copying of such records outweighs the legitimate6 public or private interest in maintaining confidentiality of such records.7 A person may inspect and copy documents from an investigative file to which8 he or she is a named party if such documents are not otherwise prohibited from9 disclosure by federal law or regulation or state law. The confidentiality of10 this subsection will no longer apply to any record used in any judicial pro-11 ceeding brought by a named party to the complaint or investigation, or by the12 Idaho human rights commission, relating to the complaint of discrimination.13 (9) Records containing information obtained by the manager of the Idaho14 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on15 behalf of employers or employees contained in underwriting and claims for16 benefits files.17 (10)(a) The worker's compensation records of the Idaho industrial18 commission, provided that the industrial commission shall make such19 records available:20 (a) (i) To the parties in any worker's compensation claim and to21 the industrial special indemnity fund of the state of Idaho; or22 (b) (ii) To employers and prospective employers subject to the23 provisions of the Americans with disabilities act, 42 U.S.C.24 12112, or other statutory limitations, who certify that the in-25 formation is being requested with respect to a worker to whom the26 employer has extended an offer of employment and will be used in27 accordance with the provisions of the Americans with disabilities28 act, 42 U.S.C. 12112, or other statutory limitations; or29 (c) (iii) To employers and prospective employers not subject to30 the provisions of the Americans with disabilities act, 42 U.S.C.31 12112, or other statutory limitations, provided the employer32 presents a written authorization from the person to whom the33 records pertain; or34 (d) (iv) To others who demonstrate that the public interest in al-35 lowing inspection and copying of such records outweighs the pub-36 lic or private interest in maintaining the confidentiality of such37 records, as determined by a civil court of competent jurisdiction;38 or.39 (e) (b) Although a claimant's records maintained by the industrial com-40 mission, including medical and rehabilitation records, are otherwise41 exempt from public disclosure, the quoting or discussing of medical42 or rehabilitation records contained in the industrial commission's43 records during a hearing for compensation or in a written decision is-44 sued by the industrial commission shall be permitted; provided further,45 the true identification of the parties shall not be exempt from public46 disclosure in any written decision issued and released to the public by47 the industrial commission.48

4 (11) Records of investigations compiled by the commission on aging in-1 volving vulnerable adults as defined in section 18-1505, Idaho Code, alleged2 to be abused, neglected or exploited.3 (12) Criminal history records and fingerprints as defined in section4 67-3001, Idaho Code, and compiled by the Idaho state police. Such records5 shall be released only in accordance with chapter 30, title 67, Idaho Code.6 (13) Records furnished or obtained pursuant to section 41-1019, Idaho7 Code, regarding termination of an appointment, employment, contract or8 other insurance business relationship between an insurer and a producer.9 (14) Records of a prisoner or former prisoner in the custody of any state10 or local correctional facility, when the request is made by another prisoner11 in the custody of any state or local correctional facility.12 (15) Except as provided in section 72-1007, Idaho Code, records of the13 Idaho industrial commission relating to compensation for crime victims pur-14 suant to chapter 10, title 72, Idaho Code.15 (16) Records or information identifying a complainant maintained by the16 department of health and welfare pursuant to section 39-3556, Idaho Code,17 relating to certified family homes, unless the complainant consents in writ-18 ing to the disclosure or the disclosure of the complainant's identity is re-19 quired in any administrative or judicial proceeding.20 (17) Records of any certification or notification required by federal21 law to be made in connection with the acquisition or transfer of a firearm,22 including a firearm as defined in 26 U.S.C. 5845(a).23 (18) Records of the office of the state public defender and the office of24 the state appellate public defender containing information protected or ex-25 empted from disclosure under the rules adopted by the Idaho supreme court,26 attorney work product, attorney-client privileged communication, records27 containing confidential information from an individual about his criminal28 case or performance of his attorney, or confidential information about an29 inquiry into an attorney's fitness to represent indigent defendants.30 (19) Records and information received by the office of the state con-31 troller from any local government, state agency and department, or volunteer32 nongovernmental entity for purposes of entry into the criminal justice33 integrated data system pursuant to section 19-4803, Idaho Code, and all34 records created by persons authorized to research and analyze information35 entered into the criminal justice integrated data system, regardless of36 whether such records were previously exempted from disclosure or redacted37 pursuant to state or federal law or court order. This exemption does not38 apply to projects, reports, and data analyses approved for release by the39 data oversight council and issued by persons authorized to conduct research40 and analysis as set forth in chapter 48, title 19, Idaho Code. Records and41 information relating to the management of the criminal justice integrated42 data system shall not be exempt from disclosure except as otherwise provided43 in law.44 (20) Records that contain any identifying information or any informa-45 tion that could lead to the identification of any persons or entities that46 participate in or assist with an execution of a death sentence as described47 in section 19-2716A, Idaho Code.48 (21) Records, other than public expenditure records, relating to49 the nature, location, or function of cybersecurity devices, programs, or50

5 systems designed to protect computer, information technology, or communica-1 tions systems against terrorist or other attacks.2 (22) Any index, report, or records of any person arrested for, prose-3 cuted for, or convicted of a crime in this state who has successfully peti-4 tioned a court to have his records shielded from disclosure pursuant to sec-5 tion 67-3004(11), Idaho Code.6 (23) Any record of an unlawful detainer under section 6-303, Idaho Code,7 if shielded by the court pursuant to section 6-303A, Idaho Code.8

SECTION 2. An emergency existing therefor, which emergency is hereby9 declared to exist, this act shall be in full force and effect on and after10 July 1, 2026.11