SENATE BILL No. 133
DIGEST OF INTRODUCED BILL
Citations Affected: IC 11-10-4-9.
Synopsis: Medical records in correctional facilities. Provides for the
maintenance and transfer of a criminal offender's mental health
Effective: July 1, 2007.
January 11, 2007, read first time and referred to Committee on Corrections, Criminal, and
First Regular Session 115th General Assembly (2007)
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between statutes enacted by the 2006 Regular Session of the General Assembly.
SENATE BILL No. 133
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 11-10-4-9; (07)IN0133.1.1. -->
SECTION 1. IC 11-10-4-9 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 9. (a) As used in this section, "mental health record"
has the meaning set forth in IC 16-18-2-226.
(b) A psychiatrist or a mental health facility may provide a copy
of an offender's mental health record, with or without the
offender's consent, to a facility or an agency responsible for the
incarceration of the offender. Any mental health records provided
under this subsection shall become part of the offender's health
record maintained by the facility or agency responsible for the
incarceration of the offender.
(c) If an offender is transferred to a different facility, the
offender's mental health records must be provided to the facility
that is used to:
(1) house; or
(2) provide mental health treatment to;
the offender, including a county jail or a community mental health
(d) The department shall maintain health records for each
offender incarcerated by the department. After an offender is
released from incarceration, the department shall provide the
offender's mental health records, if any, to a mental health facility
or mental health provider that is providing mental health
treatment to the offender.