Introduced Version




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 records.

Effective: July 1, 2007.


    January 11, 2007, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.


First Regular Session 115th General Assembly (2007)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning corrections.

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.