Public Records

Plain English Breakdown

The bill summary does not provide specific details about penalties or consequences for violating confidentiality rules, handling simultaneous requests from multiple members, or unauthorized release of information by members.

Tennessee Public Records Act for General Assembly

This bill requires the Tennessee Department of Correction to provide members of the general assembly with access to inmate records and information when requested in writing.

What This Bill Does

• Requires the department of correction to disclose records and information to any member of the general assembly to enable them to determine whether state laws are being followed regarding inmates.
• Allows a member of the general assembly to request specific inmate case files from the department if they have questions about compliance with state laws or need changes.
• Necessitates that members sign a confidentiality agreement before reviewing records and information.
• Requires all reviewed records to remain in the department's possession.
• Permits further discussion between the member and the department if more information is needed.

Who It Names or Affects

• Members of the Tennessee General Assembly
• The Tennessee Department of Correction

Terms To Know

General Assembly

The state legislature of Tennessee, made up of two parts: the Senate and the House of Representatives.

Department of Correction

A government agency responsible for managing prisons and overseeing inmates in Tennessee.

Limits and Unknowns

• The bill does not specify what happens if a member violates confidentiality rules.
• It is unclear how the department will handle requests from multiple members simultaneously.
• There are no details on penalties for unauthorized release of information by members.

Official Summary Text

This bill requires
the department of correction
("department")

to
disclose records and information to any member of the general assembly to enable the member to determine whether the laws of this state are being complied with regarding inmates in the department's custody.

If a member of the general assembly receives a written inquiry regarding whether the laws of this state regarding inmates are being complied with or whether the laws of this state need to be changed, then
this bill authorizes
the member
to
submit a written request to the department of correction, requesting review of the records and information relating to the inquiry. The member
must
include in the request the name of the inmate whose case file is to be reviewed and any other information that will assist
the department in locating the information.

This bill requires t
he member
to
sign a form before reviewing the records and information that outlines the state and federal laws regarding confidentiality and the penalties for unauthorized release of the information. All records and information being reviewed by a member must remain
in the department's possession.

After reviewing the records and information, if the member requests additional information, the department
must
discuss with the member the circumstances related to the records and informati
on being disclosed.

Current Bill Text

SENATE BILL 1933
By Yarbro

HOUSE BILL 1860
By Brooks
HB1860
009854
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 3;
Title 4; Title 10, Chapter 7; Title 40 and Title 41,
relative to records available for review by
members of the general assembly.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 3, Chapter 1, Part 1, is amended by
adding the following as a new section:
(a) Notwithstanding another law to the contrary, the department of correction
shall disclose records and information to any member of the general assembly to enable
the member to determine whether the laws of this state are being complied with
regarding inmates in the department's custody.
(b) If a member of the general assembly receives a written inquiry regarding
whether the laws of this state regarding inmates are being complied with or whether the
laws of this state need to be changed, then the member of the general assembly may
submit a written request to the department of correction, requesting review of the
records and information relating to the inquiry. The member shall include in the request
the name of the inmate whose case file is to be reviewed and any other information that
will assist the department in locating the information.
(c) The member shall sign a form before reviewing the records and information
that outlines the state and federal laws regarding confidentiality and the penalties for
unauthorized release of the information. All records and information being reviewed by a
member of the general assembly must remain in the department's possession.

- 2 - 009854

(d) After reviewing the records and information, if the member requests
additional information, the department shall discuss with the member the circumstances
related to the records and information being disclosed.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.