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HI HB2572
Bill
Status
1/27/2010
Primary Sponsor
Calvin Say
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AI Summary
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Establishes that all mental health examination reports submitted to court pursuant to section 704-404 shall be kept confidential and not disclosed except as specifically provided in the statute or by court order.
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Allows courts to direct disclosure of mental health examination reports to persons or entities other than those identified in the statute only upon determination that disclosure is necessary for conducting proceedings and that failure to disclose would be contrary to the public interest.
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Requires the clerk of the court to deliver a copy of each dispositive order and the third copy of the examination report to the director of health, with "dispositive orders" defined as orders affecting the defendant's legal status including fitness findings, acquittals, commitment orders, and conditional release orders.
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Applies the same confidentiality protections and procedures to examination reports required in post-acquittal hearings under section 704-411 and discharge or conditional release proceedings under section 704-414.
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Takes effect upon approval.
Legislative Description
Confidentiality of Forensic Mental Health Examination Reports
Last Action
(H) The committee(s) recommends that the measure be deferred.
2/5/2010