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H0093................................by JUDICIARY, RULES AND ADMINISTRATION OFFENDERS - MENTAL HEALTH RECORDS - Adds to existing law to provide for the transmission of certain mental health records for offenders under certain conditions; and to provide that no court order or individual authorization is required except in the case of substance abuse records. 02/02 House intro - 1st rdg - to printing 02/03 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 93 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO MENTAL HEALTH RECORDS OF OFFENDERS; AMENDING CHAPTER 2, TITLE 18, 3 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-217, IDAHO CODE, TO PRO- 4 VIDE FOR THE TRANSMISSION OF CERTAIN MENTAL HEALTH RECORDS FOR OFFENDERS 5 UNDER CERTAIN CONDITIONS AND TO PROVIDE THAT NO COURT ORDER OR INDIVIDUAL 6 AUTHORIZATION IS REQUIRED EXCEPT IN THE CASE OF SUBSTANCE ABUSE RECORDS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 2, Title 18, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 18-217, Idaho Code, and to read as follows: 11 18-217. MENTAL HEALTH RECORDS OF OFFENDERS. (1) Records of mental health 12 evaluation, care and treatment shall be provided to and from the mental health 13 professionals of a governmental entity and another entity for care, treatment 14 and normal business operations regarding any person who is: 15 (a) Under court commitment to a state agency; 16 (b) A pretrial detainee; 17 (c) Awaiting sentencing; 18 (d) In the care, custody or supervision of any correctional facility as 19 defined in section 18-101A, Idaho Code; 20 (e) On probation or parole; 21 (f) Being supervised as part of a drug court, mental health court, juve- 22 nile detention program, work release program, or similar court program; or 23 (g) Applying for mental health services after release from a correctional 24 facility. 25 (2) No court order or authorization from the offender to transfer the 26 records shall be required except for records of substance abuse treatment as 27 provided by 42 CFR part 2, and sections 37-3102 and 39-308, Idaho Code.
STATEMENT OF PURPOSE RS 14396 The purpose of the proposed legislation is (1) To ensure continuity of treatment for offenders who require mental health treatment, both during and after the time they are in the criminal justice system, and (2) To reduce recidivism among such offenders. The proposed legislation will assist in accomplishing these goals in two ways. First it will require governmental entities which possess mental health records of an offender to provide those records to subsequent entities which will provide the same type of treatment to the offender. The path of an offender through the criminal justice system might involve custody at a county jail and state prisons, release on probation or parole, and, eventually, a final discharge. The entity having custody or supervision of the offender at each stage will be required, under the proposed statute, to provide the offender's mental health records to the next entity having custody or supervision of the offender. At the end of the offender's sentence, the records would be provided to a subsequent care provider who may treat the offender following discharge. Second, the proposed legislation will provide that an offender need not execute an authorization for the type of transfer of his mental health records contemplated in this legislation. An exception is provided where those records deal with substance abuse treatment and therefore cannot be disclosed under state and federal law. FISCAL NOTE The fiscal impact of this legislation should be limited to staff time and costs involved in copying the mental health records of those offenders who require mental health care and who move from one governmental entity to another or are released. Costs to counties should be minimal considering the short time offenders spend in county jail custody. Costs to the Department of Correction will be greater due to the greater time the offender will likely spend in Department custody. However, as to both counties and the Department, the records provided are only those of offenders receiving mental health treatment. On the other hand, if the proposed legislation prevents even one such offender from re-offending and re-entering the system, far greater savings are likely to be realized than will be accrued. CONTACT Name: Paul Panther Agency: Correction, Dept. of Phone: 208-658-2095 Statement of Purpose/Fiscal Note H 93