View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0430................................by JUDICIARY, RULES AND ADMINISTRATION
MENTAL HEALTH RECORDS - OFFENDERS - 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.
01/20 House intro - 1st rdg - to printing
01/23 Rpt prt - to Jud
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 61-6-3
AYES -- Anderson, Andrus, Barraclough, Bastian, Bell, Bilbao, Black,
Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark,
Collins, Deal, Denney, Ellsworth, Field(18), Field(23), Garrett,
Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour,
Loertscher, Martinez, Mathews, McGeachin, Miller, Mitchell, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass,
Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- Barrett, Bayer, Crow, Hart, McKague, Moyle
Absent and excused -- Bedke, Edmunson, Eskridge
Floor Sponsor - Shirley
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to Jud
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 34-0-1
AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Werk, Williams
NAYS -- None
Absent and excused -- Sweet
Floor Sponsor - Richardson
Title apvd - to House
03/10 To enrol
03/13 Rpt enrol - Sp signed
03/14 Pres signed
03/15 To Governor
03/15 Governor signed
Session Law Chapter 92
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 430
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) For purposes of care,
12 treatment or normal health care operations, records of mental health evalua-
13 tion, care and treatment shall be provided upon request to and from the mental
14 health professionals of a governmental entity and another entity providing
15 care or treatment for any person who is:
16 (a) Under court commitment to a state agency pursuant to section
17 18-212(4), Idaho Code;
18 (b) A pretrial detainee;
19 (c) Awaiting sentencing;
20 (d) In the care, custody or supervision of any correctional facility as
21 defined in section 18-101A, Idaho Code;
22 (e) On probation or parole;
23 (f) Being supervised as part of a drug court, mental health court, juve-
24 nile detention program, work release program, or similar court program; or
25 (g) Applying for mental health services after release from a correctional
26 facility.
27 (2) No court order or authorization from the offender to transfer the
28 records shall be required except for records of substance abuse treatment as
29 provided by 42 CFR part 2, and sections 37-3102 and 39-308, Idaho Code.
STATEMENT OF PURPOSE
RS 15413
A growing number of persons who are incarcerated require mental
health treatment, and prisons and jails are increasingly
required to provide such treatment. The purpose of this
legislation is to facilitate the transfer of mental health
records of incarcerated persons and to ensure that such persons
receive proper and continuous care from the time they enter the
criminal justice system until the time they leave it to re-enter
society. This will enhance the quality of care and will
hopefully reduce recidivism due to mental health issues.
FISCAL NOTE
There should be no impact, other than de minimis costs
associated with the copying of records.
CONTACT
Name: Richard (David) Haas
Agency: Correction, Dept. of
Phone: 208-658-2130
STATEMENT OF PURPOSE/FISCAL NOTE H 430