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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