2005 Idaho Code - 18-217 — MENTAL HEALTH RECORDS OF OFFENDERS

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 2
                          PERSONS LIABLE, PRINCIPALS
                               AND ACCESSORIES
    18-217.  MENTAL HEALTH RECORDS OF OFFENDERS. (1) For purposes of care,
treatment or normal health care operations, records of mental health
evaluation, care and treatment shall be provided upon request to and from the
mental health professionals of a governmental entity and another entity
providing care or treatment for any person who is:
    (a)  Under court commitment to a state agency pursuant to section
    18-212(4), Idaho Code;
    (b)  A pretrial detainee;
    (c)  Awaiting sentencing;
    (d)  In the care, custody or supervision of any correctional facility as
    defined in section 18-101A, Idaho Code;
    (e)  On probation or parole;
    (f)  Being supervised as part of a drug court, mental health court,
    juvenile detention program, work release program, or similar court
    program; or
    (g)  Applying for mental health services after release from a correctional
    facility.
    (2)  No court order or authorization from the offender to transfer the
records shall be required except for records of substance abuse treatment as
provided by 42 CFR part 2, and sections 37-3102 and 39-308, Idaho Code.