Present law provides that, if a service recipient is involuntarily committed to an inpatient treatment facility, then the inpatient treatment facility must report the service recipient to local law enforcement as soon as practicable, but no later than the third business day following the date of such commitment, who must report the service recipient to the Federal Bureau of Investigation-NICS Index and the department of safety as soon as practicable, but no later than the third business day following the date of receiving such notification, for the purposes of complying with federal law. This bill defines "local law enforcement" for purposes of the above provision to mean the municipal police or county sheriff with jurisdiction over the location where (i) the service recipient permanently resides, if the service recipient is a resident of this state or (ii) the inpatient treatment facility is located, if the service recipient is not a resident of this state.
NOTICE TO COURT CLERK
This bill provides that a court clerk who maintains records of the adjudication as a mental defective or judicial commitment to a mental institution pursuant to provisions of law relative to judicial procedures for residential treatment and review of transfers of a person who is a resident of this state must send notice of the adjudication or commitment to the clerk of court in the county of the person's permanent residence no later than five business days after the date adjudication as a mental defective is made or judicial commitment is ordered.
REPORTING BY HOSPITAL
Present law provides that, if a patient is involuntarily committed to inpatient treatment at a licensed hospital, then the hospital must report the service recipient to local law enforcement as soon as practicable, but no later than the third business day following the date of such commitment, who must report the service recipient to the Federal Bureau of Investigation-NICS Index and the department of safety as soon as practicable, but no later than the third business day following the date of receiving such notification, for the purposes of complying with federal law. This bill defines "local law enforcement" for purposes of the above provision to mean the municipal police or county sheriff with jurisdiction over the location where (i) the service recipient permanently resides, if the service recipient is a resident of this state or (ii) the inpatient treatment facility is located, if the service recipient is not a resident of this state.
Statutes affected: Introduced: 33-3-117(a), 33-3-117, 33-3-117(b), 68-11-210(f)(2)(A), 68-11-210, 68-11-210(f)(2)(B)