(a) When jurisdiction of an inmate is transferred from or between the Department of Corrections and Rehabilitation, the State Department of State Hospitals, and county agencies caring for inmates, these agencies shall disclose, by electronic transmission when possible, mental health records for any transferred inmate who received mental health services while in the custody of the transferring facility. The mental health records shall be disclosed at the time of transfer or within seven days of the transfer of custody, except when the person is transferred to a state hospital when the records shall be provided prior to, or at the time of, transfer.

(b) Mental health records shall be disclosed by and between a county correctional facility, county medical facility, state correctional facility, state hospital, or state-assigned mental health provider to ensure sufficient mental health history is available for the purpose of satisfying the requirements of Section 2962 for inmate evaluations and to ensure the continuity of mental health treatment of an inmate being transferred between those facilities.

Terms Used In California Penal Code 5073

  • county: includes "city and county". See California Penal Code 7
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation as well as a natural person. See California Penal Code 7
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7

(c) For the purpose of this section, “mental health records” includes, but is not limited to, the following:

(1) Clinician assessments, contact notes, and progress notes.

(2) Date of mental health treatment and services.

(3) Incident reports.

(4) List of an inmate’s medical conditions and medications.

(5) Psychiatrist assessments, contact notes, and progress notes.

(6) Suicide watch, mental health crisis, or alternative housing placement records.

(d) All transmissions made pursuant to this section shall comply with the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code, the Information Practices Act of 1977 Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Economic and Clinical Health Act (HITECH) (Public Law 111-005), and the corresponding implementing regulations relating to privacy and security in Parts 160 and 164 of Title 45 of the Code of Federal Regulations.

(Added by Stats. 2022, Ch. 968, Sec. 2. (AB 2526) Effective January 1, 2023.)

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