law98221
03-17-2002, 06:39 PM
Much to my dismay(having fought this bad bill for months) the Governor passed a bill that allows the Department of Corruptions to obtain mental health records of prisoners without their permission. This would include records from private providers. conveniently, these records, once in the possesion of DOC become public records... this is the ultimate in invasion of privacy... here is the whole bill:
Has anyone seen similar legislation in other states?
57th Legislature
2002 Regular Session
Passed by the Senate February 13, 2002
YEAS 44 NAYS 0
President of the Senate
Passed by the House March 5, 2002
YEAS 97 NAYS 0 CERTIFICATE
I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby
certify that the attached is SENATE BILL 6469 as passed by the Senate and the
House of Representatives on the dates hereon set forth.
Speaker of the
House of Representatives
Secretary
Approved FILED
Governor of the State of Washington Secretary of State
State of Washington
_______________________________________________
SENATE BILL 6469
_______________________________________________
Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002 Regular Session
By Senators Long, Costa, Hargrove and Winsley; by request of Department
of Corrections, Indeterminate Sentence Review Board and Department of
Social and Health Services
Read first time 01/17/2002. Referred to Committee on Human Services &
Corrections.
AN ACT Relating to information concerning mental health services
provided to offenders; and amending RCW 71.34.225 and 71.05.445.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 71.34.225 and 2000 c 75 s 2 are each amended to read
as follows:
(1) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Information related to mental health services" means all
information and records compiled, obtained, or maintained in the course
of providing services to either voluntary or involuntary recipients of
services by a mental health service provider. This may include
documents of legal proceedings under this chapter or chapter 71.05 or
10.77 RCW, or somatic health care information.
(b) "Mental health service provider" means a public or private
agency that provides services to persons with mental disorders as
defined under RCW 71.34.020 and receives funding from public sources.
This includes evaluation and treatment facilities as defined in RCW
71.34.020, community mental health service delivery systems, or
community mental health programs, as defined in RCW 71.24.025, and
facilities conducting competency evaluations and restoration under
chapter 10.77 RCW.
(2) Information related to mental health services delivered to a
person subject to chapter 9.94A **+ or 9.95 +} RCW shall be released,
upon request, by a mental health service provider to department of
corrections personnel for whom the information is necessary to carry
out the responsibilities of their office. The information must be
provided only for the purpose of completing presentence investigations,
supervision of an incarcerated person, planning for and provision of
supervision of a person, or assessment of a person's risk to the
community. The request shall be in writing and shall not require the
consent of the subject of the records.
(3) The information to be released to the department of corrections
shall include all relevant records and reports, as defined by rule,
necessary for the department of corrections to carry out its duties,
including those records and reports identified in subsection (2) of
this section.
(4) The department and the department of corrections, in
consultation with regional support networks, mental health service
providers as defined in subsection (1) of this section, mental health
consumers, and advocates for persons with mental illness, shall adopt
rules to implement the provisions of this section related to the type
and scope of information to be released. These rules shall:
(a) Enhance and facilitate the ability of the department of
corrections to carry out its responsibility of planning and ensuring
community protection with respect to persons subject to sentencing
under chapter 9.94A **+ or 9.95 +} RCW, including accessing and
releasing or disclosing information of persons who received mental
health services as a minor; and
(b) Establish requirements for the notification of persons under
the supervision of the department of corrections regarding the
provisions of this section.
(5) The information received by the department of corrections under
this section shall remain confidential and subject to the limitations
on disclosure outlined in RCW 71.34.200, except as provided in RCW
72.09.585.
(6) No mental health service provider or individual employed by a
mental health service provider shall be held responsible for
information released to or used by the department of corrections under
the provisions of this section or rules adopted under this section.
(7) Whenever federal law or federal regulations restrict the
release of information contained in the treatment records of any
patient who receives treatment for alcoholism or drug dependency, the
release of the information may be restricted as necessary to comply
with federal law and regulations.
(8) This section does not modify the terms and conditions of
disclosure of information related to sexually transmitted diseases
under chapter 70.24 RCW.
Sec. 2. RCW 71.05.445 and 2000 c 75 s 3 are each amended to read
as follows:
(1) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Information related to mental health services" means all
information and records compiled, obtained, or maintained in the course
of providing services to either voluntary or involuntary recipients of
services by a mental health service provider. This may include
documents of legal proceedings under this chapter or chapter 71.34 or
10.77 RCW, or somatic health care information.
(b) "Mental health service provider" means a public or private
agency that provides services to persons with mental disorders as
defined under RCW 71.05.020 and receives funding from public sources.
This includes evaluation and treatment facilities as defined in RCW
71.05.020, community mental health service delivery systems, or
community mental health programs as defined in RCW 71.24.025, and
facilities conducting competency evaluations and restoration under
chapter 10.77 RCW.
(2) Information related to mental health services delivered to a
person subject to chapter 9.94A **+ or 9.95 +} RCW shall be released,
upon request, by a mental health service provider to department of
corrections personnel for whom the information is necessary to carry
out the responsibilities of their office. The information must be
provided only for the purpose of completing presentence investigations,
supervision of an incarcerated person, planning for and provision of
supervision of a person, or assessment of a person's risk to the
community. The request shall be in writing and shall not require the
consent of the subject of the records.
(3) The information to be released to the department of corrections
shall include all relevant records and reports, as defined by rule,
necessary for the department of corrections to carry out its duties,
including those records and reports identified in subsection (2) of
this section.
(4) The department and the department of corrections, in
consultation with regional support networks, mental health service
providers as defined in subsection (1) of this section, mental health
consumers, and advocates for persons with mental illness, shall adopt
rules to implement the provisions of this section related to the type
and scope of information to be released. These rules shall:
(a) Enhance and facilitate the ability of the department of
corrections to carry out its responsibility of planning and ensuring
community protection with respect to persons subject to sentencing
under chapter 9.94A **+ or 9.95 +} RCW, including accessing and
releasing or disclosing information of persons who received mental
health services as a minor; and
(b) Establish requirements for the notification of persons under
the supervision of the department of corrections regarding the
provisions of this section.
(5) The information received by the department of corrections under
this section shall remain confidential and subject to the limitations
on disclosure outlined in chapter 71.05 RCW, except as provided in RCW
72.09.585.
(6) No mental health service provider or individual employed by a
mental health service provider shall be held responsible for
information released to or used by the department of corrections under
the provisions of this section or rules adopted under this section
except under RCW 71.05.670 and 71.05.440.
(7) Whenever federal law or federal regulations restrict the
release of information contained in the treatment records of any
patient who receives treatment for alcoholism or drug dependency, the
release of the information may be restricted as necessary to comply
with federal law and regulations.
(8) This section does not modify the terms and conditions of
disclosure of information related to sexually transmitted diseases
under chapter 70.24 RCW.
Has anyone seen similar legislation in other states?
57th Legislature
2002 Regular Session
Passed by the Senate February 13, 2002
YEAS 44 NAYS 0
President of the Senate
Passed by the House March 5, 2002
YEAS 97 NAYS 0 CERTIFICATE
I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby
certify that the attached is SENATE BILL 6469 as passed by the Senate and the
House of Representatives on the dates hereon set forth.
Speaker of the
House of Representatives
Secretary
Approved FILED
Governor of the State of Washington Secretary of State
State of Washington
_______________________________________________
SENATE BILL 6469
_______________________________________________
Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002 Regular Session
By Senators Long, Costa, Hargrove and Winsley; by request of Department
of Corrections, Indeterminate Sentence Review Board and Department of
Social and Health Services
Read first time 01/17/2002. Referred to Committee on Human Services &
Corrections.
AN ACT Relating to information concerning mental health services
provided to offenders; and amending RCW 71.34.225 and 71.05.445.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 71.34.225 and 2000 c 75 s 2 are each amended to read
as follows:
(1) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Information related to mental health services" means all
information and records compiled, obtained, or maintained in the course
of providing services to either voluntary or involuntary recipients of
services by a mental health service provider. This may include
documents of legal proceedings under this chapter or chapter 71.05 or
10.77 RCW, or somatic health care information.
(b) "Mental health service provider" means a public or private
agency that provides services to persons with mental disorders as
defined under RCW 71.34.020 and receives funding from public sources.
This includes evaluation and treatment facilities as defined in RCW
71.34.020, community mental health service delivery systems, or
community mental health programs, as defined in RCW 71.24.025, and
facilities conducting competency evaluations and restoration under
chapter 10.77 RCW.
(2) Information related to mental health services delivered to a
person subject to chapter 9.94A **+ or 9.95 +} RCW shall be released,
upon request, by a mental health service provider to department of
corrections personnel for whom the information is necessary to carry
out the responsibilities of their office. The information must be
provided only for the purpose of completing presentence investigations,
supervision of an incarcerated person, planning for and provision of
supervision of a person, or assessment of a person's risk to the
community. The request shall be in writing and shall not require the
consent of the subject of the records.
(3) The information to be released to the department of corrections
shall include all relevant records and reports, as defined by rule,
necessary for the department of corrections to carry out its duties,
including those records and reports identified in subsection (2) of
this section.
(4) The department and the department of corrections, in
consultation with regional support networks, mental health service
providers as defined in subsection (1) of this section, mental health
consumers, and advocates for persons with mental illness, shall adopt
rules to implement the provisions of this section related to the type
and scope of information to be released. These rules shall:
(a) Enhance and facilitate the ability of the department of
corrections to carry out its responsibility of planning and ensuring
community protection with respect to persons subject to sentencing
under chapter 9.94A **+ or 9.95 +} RCW, including accessing and
releasing or disclosing information of persons who received mental
health services as a minor; and
(b) Establish requirements for the notification of persons under
the supervision of the department of corrections regarding the
provisions of this section.
(5) The information received by the department of corrections under
this section shall remain confidential and subject to the limitations
on disclosure outlined in RCW 71.34.200, except as provided in RCW
72.09.585.
(6) No mental health service provider or individual employed by a
mental health service provider shall be held responsible for
information released to or used by the department of corrections under
the provisions of this section or rules adopted under this section.
(7) Whenever federal law or federal regulations restrict the
release of information contained in the treatment records of any
patient who receives treatment for alcoholism or drug dependency, the
release of the information may be restricted as necessary to comply
with federal law and regulations.
(8) This section does not modify the terms and conditions of
disclosure of information related to sexually transmitted diseases
under chapter 70.24 RCW.
Sec. 2. RCW 71.05.445 and 2000 c 75 s 3 are each amended to read
as follows:
(1) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Information related to mental health services" means all
information and records compiled, obtained, or maintained in the course
of providing services to either voluntary or involuntary recipients of
services by a mental health service provider. This may include
documents of legal proceedings under this chapter or chapter 71.34 or
10.77 RCW, or somatic health care information.
(b) "Mental health service provider" means a public or private
agency that provides services to persons with mental disorders as
defined under RCW 71.05.020 and receives funding from public sources.
This includes evaluation and treatment facilities as defined in RCW
71.05.020, community mental health service delivery systems, or
community mental health programs as defined in RCW 71.24.025, and
facilities conducting competency evaluations and restoration under
chapter 10.77 RCW.
(2) Information related to mental health services delivered to a
person subject to chapter 9.94A **+ or 9.95 +} RCW shall be released,
upon request, by a mental health service provider to department of
corrections personnel for whom the information is necessary to carry
out the responsibilities of their office. The information must be
provided only for the purpose of completing presentence investigations,
supervision of an incarcerated person, planning for and provision of
supervision of a person, or assessment of a person's risk to the
community. The request shall be in writing and shall not require the
consent of the subject of the records.
(3) The information to be released to the department of corrections
shall include all relevant records and reports, as defined by rule,
necessary for the department of corrections to carry out its duties,
including those records and reports identified in subsection (2) of
this section.
(4) The department and the department of corrections, in
consultation with regional support networks, mental health service
providers as defined in subsection (1) of this section, mental health
consumers, and advocates for persons with mental illness, shall adopt
rules to implement the provisions of this section related to the type
and scope of information to be released. These rules shall:
(a) Enhance and facilitate the ability of the department of
corrections to carry out its responsibility of planning and ensuring
community protection with respect to persons subject to sentencing
under chapter 9.94A **+ or 9.95 +} RCW, including accessing and
releasing or disclosing information of persons who received mental
health services as a minor; and
(b) Establish requirements for the notification of persons under
the supervision of the department of corrections regarding the
provisions of this section.
(5) The information received by the department of corrections under
this section shall remain confidential and subject to the limitations
on disclosure outlined in chapter 71.05 RCW, except as provided in RCW
72.09.585.
(6) No mental health service provider or individual employed by a
mental health service provider shall be held responsible for
information released to or used by the department of corrections under
the provisions of this section or rules adopted under this section
except under RCW 71.05.670 and 71.05.440.
(7) Whenever federal law or federal regulations restrict the
release of information contained in the treatment records of any
patient who receives treatment for alcoholism or drug dependency, the
release of the information may be restricted as necessary to comply
with federal law and regulations.
(8) This section does not modify the terms and conditions of
disclosure of information related to sexually transmitted diseases
under chapter 70.24 RCW.