TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 2

PERSONS LIABLE, PRINCIPALS AND ACCESSORIES

18-217.  Mental health records of offenders. (1) For purposes of care, treatment or normal health care operations, records of mental health evaluation, care and treatment shall be provided upon request to and from the mental health professionals of a governmental entity and another entity providing care or treatment for any person who is:

(a)  Under court commitment to a state agency pursuant to section 18-212(4), Idaho Code;

(b)  A pretrial detainee;

(c)  Awaiting sentencing;

(d)  In the care, custody or supervision of any correctional facility as defined in section 18-101A, Idaho Code;

(e)  On probation or parole;

(f)  Being supervised as part of a drug court, mental health court, juvenile detention program, work release program, or similar court program; or

(g)  Applying for mental health services after release from a correctional facility.

(2)  No court order or authorization from the offender to transfer the records shall be required except for records of substance abuse treatment as provided by 42 CFR part 2, and sections 37-3102 and 39-308, Idaho Code.

History:

[18-217, added 2006, ch. 92, sec. 1, p. 266.]