Existing law authorizes the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services or the Administrator's designee to request from the Department of Corrections access to any records in its possession which contain information that may assist in evaluating and treating a defendant who previously has served a term of imprisonment under the supervision of the Department of Corrections and who is committed to the custody of or ordered to report to the Administrator or the Administrator's designee based upon a finding of incompetence. Existing law requires the Department of Corrections, upon receiving such a request, to provide access to any such records, including, without limitation, relevant medical and mental health records, for the limited purpose of allowing the Administrator or the Administrator's designee to evaluate and treat the defendant. (NRS 178.453) This bill similarly: (1) authorizes the Administrator or the Administrator's designee to request from a local detention facility access to any records in its possession which contain information that may assist in evaluating and treating a defendant who has previously been detained or ordered to serve a term of imprisonment in the local detention facility and who is committed to the custody of or ordered to report to the Administrator or the Administrator's designee based upon a finding of incompetence; and (2) requires the local detention facility, upon receiving such a request, to provide access to any such records, including, without limitation, relevant medical and mental health records, for the limited purpose of allowing the Administrator or the Administrator's designee to evaluate and treat the defendant.

Statutes affected:
As Introduced: 178.453
BDR: 178.453