(a) This article does not apply to information collected under this chapter by the Texas Department of Criminal Justice or the Texas Juvenile Justice Department.
(b) Subject to Subsection (c), information collected under this chapter relating to a criminal street gang must be removed after five years from an intelligence database established under Article 67.051 and the intelligence database maintained by the department under Article 67.052 if:
(1) the information relates to the investigation or prosecution of criminal activity engaged in by an individual other than a child; and
(2) the individual who is the subject of the information has not been arrested for criminal activity reported to the department under Chapter 66.

(c) The five-year period described by Subsection (b) does not include any period during which the individual who is the subject of the information is:
(1) confined in a correctional facility operated by or under contract with the Texas Department of Criminal Justice;
(2) committed to a secure correctional facility, as defined by § 51.02, Family Code, operated by or under contract with the Texas Juvenile Justice Department; or
(3) confined in a county jail or confined in or committed to a facility operated by a juvenile board in lieu of being confined in a correctional facility described by Subdivision (1) or committed to a secure correctional facility described by Subdivision (2).