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Statutes Text

Article - Correctional Services




§3–602.

    (a)    Except as otherwise provided in this subtitle, the contents of a case record maintained under § 3–601 of this subtitle may not be disclosed.

    (b)    The contents of a case record may be disclosed:

        (1)    if the record is necessary to ensure proper medical treatment, to a provider of medical services to the incarcerated individual;

        (2)    to the incarcerated individual’s attorney;

        (3)    to a person authorized by a court order;

        (4)    to a person expressly authorized by law;

        (5)    to a judge of a State court;

        (6)    to a State’s Attorney;

        (7)    to an employee of any State unit or a federal or local law enforcement unit, if disclosure is in furtherance of the employee’s lawful duties; and

        (8)    on written request, to a person who has written authorization for the disclosure from the incarcerated individual.

    (c)    Except for a disclosure under subsection (b)(5) or (6) of this section, an incarcerated individual’s case record may be disclosed only if the managing official of the correctional facility:

        (1)    approves the disclosure; and

        (2)    is satisfied that:

            (i)    each applicable condition set forth in subsection (b) of this section has been met;

            (ii)    the record will be used solely for the legitimate purposes of the person or governmental unit that receives it and not for any improper or unauthorized purpose; and

            (iii)    the record will not be further disseminated to a person or governmental unit not authorized to receive it.

    (d)    The Commissioner shall adopt regulations in accordance with this section to establish procedures that govern the disclosure of an incarcerated individual’s case record.



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