Bill Text: CA SB1443 | 2015-2016 | Regular Session | Amended
Bill Title: Incarcerated persons: health records.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1443 Detail]
Download: California-2015-SB1443-Amended.html
BILL NUMBER: SB 1443 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Galgiani
FEBRUARY 19, 2016
An act to amend Section 56.10 of the Civil Code, and to amend
Sections 2601 and 3003 of, and to add Section 5073 to, the Penal
Code, relating to incarcerated persons.
LEGISLATIVE COUNSEL'S DIGEST
SB 1443, as amended, Galgiani. Incarcerated persons: health
records.
(1) Existing law, the Confidentiality of Medical Information Act,
prohibits a health care provider, a contractor, or a health care
service plan from disclosing medical information, as defined,
regarding a patient of the provider or an enrollee or subscriber of
the health care service plan without first obtaining an
authorization, except as specified. Existing law authorizes a
provider of health care or a health care service plan to disclose
medical information when, among other things, the information is
disclosed to an insurer, employer, health care service plan, hospital
service plan, employee benefit plan, governmental authority,
contractor, or other person or entity responsible for paying for
health care services rendered to the patient, to the extent necessary
to allow responsibility for payment to be determined and payment to
be made.
This bill would additionally authorize the disclosure of
information between a county correctional facility, a county medical
facility, a state correctional facility, or a state hospital to
ensure the continuity of health care of an inmate being transferred
among between those facilities.
The bill would also authorize the disclosure and exchange of
information by a county correctional facility, a county medical
facility, a state correctional facility, or a state hospital to a
contracted licensed mental health provider performing a forensic
evaluation of an offender or a mentally disordered offender (MDO) or
a sexually violent predator (SVP) screening of an offender.
(2) Existing law provides for certain civil rights that are
retained by prisoners, including, among others, to correspond,
confidentially, with any member of the State Bar or holder of public
office, provided that the prison authorities may open and inspect
incoming mail to search for contraband.
This bill would expressly state that those rights include, subject
to the bill's provisions relating to the disclosure of medical
information described above, all privacy rights legally applicable to
inmates.
(3) Existing law generally requires that an inmate released on
parole or postrelease community supervision be returned to the county
of last legal residence. Existing law requires the Department of
Corrections and Rehabilitation to electronically transmit to
specified county agencies an inmate's tuberculosis status, specific
medical, mental health, and outpatient clinic needs, and any medical
concerns or disabilities for the county to consider as the offender
transitions onto postrelease community supervision for the purpose of
identifying the medical and mental health needs of the individual.
Existing law requires those transmissions to the county agencies to
be in compliance with applicable provisions of federal law.
This bill would delete the electronic transmission requirement
described above and instead would require, when jurisdiction of an
inmate is transferred from or among between
the Department of Corrections and Rehabilitation, the State
Department of State Hospitals, and county agencies caring for
inmates, those agencies to disclose, by electronic transmission when
possible, medical, dental, and mental health information regarding
each transferred or released inmate, as provided by the bill's
provisions. By imposing additional duties on county agencies, the
bill would impose a state-mandated local program.
The bill would authorize the sharing of an inmate's health
information, as necessary for continuity of care, when an inmate is
transferred between or among a state prison,
a fire camp operated by the Department of Corrections and
Rehabilitation, a state hospital, a county correctional
facility, or a county medical facility providing
medical or mental health services to offenders.
The bill would require, when an inmate is being released by
the Department of Corrections and Rehabilitation to postrelease
community supervision, or is being retained in custody at a county or
local jail, or county officials will otherwise have responsibility
for the inmate's ongoing health care needs, the department to
disclose the inmate's health information, as necessary for continuity
of care, to the applicable county agency. The bill would provide
that the medical, dental, and mental health information to be
disclosed among the Department of Corrections and Rehabilitation, the
State Department of State Hospitals, and county agencies is limited
to the type and amount of information that is determined by licensed
medical providers, as a matter of general policy or on a case-by-case
basis, to be necessary for continuity of care or to perform a
mandatory offender screening, such as an MDO screening or an SVP
screening. The bill would authorize that information to be disclosed
either as already maintained in existing medical records or as
compiled for the purpose of the disclosure, and would authorize that
information to include, among other things, medical history, physical
information, and public health information. The bill would
require all transmissions made pursuant to these provisions to
comply with specified provisions of state and federal law, including,
among others, the Confidentiality of Medical Information Act.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56.10 of the Civil Code is amended to read:
56.10. (a) A provider of health care, health care service plan,
or contractor shall not disclose medical information regarding a
patient of the provider of health care or an enrollee or subscriber
of a health care service plan without first obtaining an
authorization, except as provided in subdivision (b) or (c).
(b) A provider of health care, a health care service plan, or a
contractor shall disclose medical information if the disclosure is
compelled by any of the following:
(1) By a court order.
(2) By a board, commission, or administrative agency for purposes
of adjudication pursuant to its lawful authority.
(3) By a party to a proceeding before a court or administrative
agency pursuant to a subpoena, subpoena duces tecum, notice to appear
served pursuant to Section 1987 of the Code of Civil Procedure, or
any provision authorizing discovery in a proceeding before a court or
administrative agency.
(4) By a board, commission, or administrative agency pursuant to
an investigative subpoena issued under Article 2 (commencing with
Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the
Government Code.
(5) By an arbitrator or arbitration panel, when arbitration is
lawfully requested by either party, pursuant to a subpoena duces
tecum issued under Section 1282.6 of the Code of Civil Procedure, or
another provision authorizing discovery in a proceeding before an
arbitrator or arbitration panel.
(6) By a search warrant lawfully issued to a governmental law
enforcement agency.
(7) By the patient or the patient's representative pursuant to
Chapter 1 (commencing with Section 123100) of Part 1 of Division 106
of the Health and Safety Code.
(8) By a coroner, when requested in the course of an investigation
by the coroner's office for the purpose of identifying the decedent
or locating next of kin, or when investigating deaths that may
involve public health concerns, organ or tissue donation, child
abuse, elder abuse, suicides, poisonings, accidents, sudden infant
deaths, suspicious deaths, unknown deaths, or criminal deaths, or
upon notification of, or investigation of, imminent deaths that may
involve organ or tissue donation pursuant to Section 7151.15 of the
Health and Safety Code, or when otherwise authorized by the decedent'
s representative. Medical information requested by the coroner under
this paragraph shall be limited to information regarding the patient
who is the decedent and who is the subject of the investigation or
who is the prospective donor and shall be disclosed to the coroner
without delay upon request.
(9) When otherwise specifically required by law.
(c) A provider of health care or a health care service plan may
disclose medical information as follows:
(1) The information may be disclosed to providers of health care,
health care service plans, contractors, or other health care
professionals or facilities for purposes of diagnosis or treatment of
the patient. This includes, in an emergency situation, the
communication of patient information by radio transmission or other
means between emergency medical personnel at the scene of an
emergency, or in an emergency medical transport vehicle, and
emergency medical personnel at a health facility licensed pursuant to
Chapter 2 (commencing with Section 1250) of Division 2 of the Health
and Safety Code.
(2) The information may be disclosed to an insurer, employer,
health care service plan, hospital service plan, employee benefit
plan, governmental authority, contractor, or other person or entity
responsible for paying for health care services rendered to the
patient, to the extent necessary to allow responsibility for payment
to be determined and payment to be made. If (A) the patient is, by
reason of a comatose or other disabling medical condition, unable to
consent to the disclosure of medical information and (B) no other
arrangements have been made to pay for the health care services being
rendered to the patient, the information may be disclosed to a
governmental authority to the extent necessary to determine the
patient's eligibility for, and to obtain, payment under a
governmental program for health care services provided to the
patient. The information may also be disclosed to another provider of
health care or health care service plan as necessary to assist the
other provider or health care service plan in obtaining payment for
health care services rendered by that provider of health care or
health care service plan to the patient.
(3) The information may be disclosed to a person or entity that
provides billing, claims management, medical data processing, or
other administrative services for providers of health care or health
care service plans or for any of the persons or entities specified in
paragraph (2). However, information so disclosed shall not be
further disclosed by the recipient in a way that would violate this
part.
(4) The information may be disclosed to organized committees and
agents of professional societies or of medical staffs of licensed
hospitals, licensed health care service plans, professional standards
review organizations, independent medical review organizations and
their selected reviewers, utilization and quality control peer review
organizations as established by Congress in Public Law 97-248 in
1982, contractors, or persons or organizations insuring, responsible
for, or defending professional liability that a provider may incur,
if the committees, agents, health care service plans, organizations,
reviewers, contractors, or persons are engaged in reviewing the
competence or qualifications of health care professionals or in
reviewing health care services with respect to medical necessity,
level of care, quality of care, or justification of charges.
(5) The information in the possession of a provider of health care
or health care service plan may be reviewed by a private or public
body responsible for licensing or accrediting the provider of health
care or health care service plan. However, no patient-identifying
medical information may be removed from the premises except as
expressly permitted or required elsewhere by law, nor shall that
information be further disclosed by the recipient in a way that would
violate this part.
(6) The information may be disclosed to the county coroner in the
course of an investigation by the coroner's office when requested for
all purposes not included in paragraph (8) of subdivision (b).
(7) The information may be disclosed to public agencies, clinical
investigators, including investigators conducting epidemiologic
studies, health care research organizations, and accredited public or
private nonprofit educational or health care institutions for bona
fide research purposes. However, no information so disclosed shall be
further disclosed by the recipient in a way that would disclose the
identity of a patient or violate this part.
(8) A provider of health care or health care service plan that has
created medical information as a result of employment-related health
care services to an employee conducted at the specific prior written
request and expense of the employer may disclose to the employee's
employer that part of the information that:
(A) Is relevant in a lawsuit, arbitration, grievance, or other
claim or challenge to which the employer and the employee are parties
and in which the patient has placed in issue his or her medical
history, mental or physical condition, or treatment, provided that
information may only be used or disclosed in connection with that
proceeding.
(B) Describes functional limitations of the patient that may
entitle the patient to leave from work for medical reasons or limit
the patient's fitness to perform his or her present employment,
provided that no statement of medical cause is included in the
information disclosed.
(9) Unless the provider of health care or a health care service
plan is notified in writing of an agreement by the sponsor, insurer,
or administrator to the contrary, the information may be disclosed to
a sponsor, insurer, or administrator of a group or individual
insured or uninsured plan or policy that the patient seeks coverage
by or benefits from, if the information was created by the provider
of health care or health care service plan as the result of services
conducted at the specific prior written request and expense of the
sponsor, insurer, or administrator for the purpose of evaluating the
application for coverage or benefits.
(10) The information may be disclosed to a health care service
plan by providers of health care that contract with the health care
service plan and may be transferred among
between providers of health care that contract with the health
care service plan, for the purpose of administering the health care
service plan. Medical information shall not otherwise be disclosed by
a health care service plan except in accordance with this part.
(11) This part does not prevent the disclosure by a provider of
health care or a health care service plan to an insurance
institution, agent, or support organization, subject to Article 6.6
(commencing with Section 791) of Chapter 1 of Part 2 of Division 1 of
the Insurance Code, of medical information if the insurance
institution, agent, or support organization has complied with all of
the requirements for obtaining the information pursuant to Article
6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division
1 of the Insurance Code.
(12) The information relevant to the patient's condition, care,
and treatment provided may be disclosed to a probate court
investigator in the course of an investigation required or authorized
in a conservatorship proceeding under the
Guardianship-Conservatorship Law as defined in Section 1400 of the
Probate Code, or to a probate court investigator, probation officer,
or domestic relations investigator engaged in determining the need
for an initial guardianship or continuation of an existing
guardianship.
(13) The information may be disclosed to an organ procurement
organization or a tissue bank processing the tissue of a decedent for
transplantation into the body of another person, but only with
respect to the donating decedent, for the purpose of aiding the
transplant. For the purpose of this paragraph, "tissue bank" and
"tissue" have the same meanings as defined in Section 1635 of the
Health and Safety Code.
(14) The information may be disclosed when the disclosure is
otherwise specifically authorized by law, including, but not limited
to, the voluntary reporting, either directly or indirectly, to the
federal Food and Drug Administration of adverse events related to
drug products or medical device problems, or to disclosures made
pursuant to subdivisions (b) and (c) of Section 11167 of the Penal
Code by a person making a report pursuant to Sections 11165.9 and
11166 of the Penal Code, provided that those disclosures concern a
report made by that person.
(15) Basic information, including the patient's name, city of
residence, age, sex, and general condition, may be disclosed to a
state-recognized or federally recognized disaster relief organization
for the purpose of responding to disaster welfare inquiries.
(16) The information may be disclosed to a third party for
purposes of encoding, encrypting, or otherwise anonymizing data.
However, no information so disclosed shall be further disclosed by
the recipient in a way that would violate this part, including the
unauthorized manipulation of coded or encrypted medical information
that reveals individually identifiable medical information.
(17) For purposes of disease management programs and services as
defined in Section 1399.901 of the Health and Safety Code,
information may be disclosed as follows: (A) to an entity contracting
with a health care service plan or the health care service plan's
contractors to monitor or administer care of enrollees for a covered
benefit, if the disease management services and care are authorized
by a treating physician, or (B) to a disease management organization,
as defined in Section 1399.900 of the Health and Safety Code, that
complies fully with the physician authorization requirements of
Section 1399.902 of the Health and Safety Code, if the health care
service plan or its contractor provides or has provided a description
of the disease management services to a treating physician or to the
health care service plan's or contractor's network of physicians.
This paragraph does not require physician authorization for the care
or treatment of the adherents of a well-recognized church or
religious denomination who depend solely upon prayer or spiritual
means for healing in the practice of the religion of that church or
denomination.
(18) The information may be disclosed, as permitted by state and
federal law or regulation, to a local health department for the
purpose of preventing or controlling disease, injury, or disability,
including, but not limited to, the reporting of disease, injury,
vital events, including, but not limited to, birth or death, and the
conduct of public health surveillance, public health investigations,
and public health interventions, as authorized or required by state
or federal law or regulation.
(19) The information may be disclosed, consistent with applicable
law and standards of ethical conduct, by a psychotherapist, as
defined in Section 1010 of the Evidence Code, if the psychotherapist,
in good faith, believes the disclosure is necessary to prevent or
lessen a serious and imminent threat to the health or safety of a
reasonably foreseeable victim or victims, and the disclosure is made
to a person or persons reasonably able to prevent or lessen the
threat, including the target of the threat.
(20) The information may be disclosed as described in Section
56.103.
(21) (A) The information may be disclosed to an employee welfare
benefit plan, as defined under Section 3(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1002(1)),
which is formed under Section 302(c)(5) of the Taft-Hartley Act (29
U.S.C. Sec. 186(c)(5)), to the extent that the employee welfare
benefit plan provides medical care, and may also be disclosed to an
entity contracting with the employee welfare benefit plan for
billing, claims management, medical data processing, or other
administrative services related to the provision of medical care to
persons enrolled in the employee welfare benefit plan for health care
coverage, if all of the following conditions are met:
(i) The disclosure is for the purpose of determining eligibility,
coordinating benefits, or allowing the employee welfare benefit plan
or the contracting entity to advocate on the behalf of a patient or
enrollee with a provider, a health care service plan, or a state or
federal regulatory agency.
(ii) The request for the information is accompanied by a written
authorization for the release of the information submitted in a
manner consistent with subdivision (a) and Section 56.11.
(iii) The disclosure is authorized by and made in a manner
consistent with the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191).
(iv) Any information disclosed is not further used or disclosed by
the recipient in any way that would directly or indirectly violate
this part or the restrictions imposed by Part 164 of Title 45 of the
Code of Federal Regulations, including the manipulation of the
information in any way that might reveal individually identifiable
medical information.
(B) For purposes of this paragraph, Section 1374.8 of the Health
and Safety Code shall not apply.
(22) Information may be disclosed pursuant to subdivision (a) of
Section 15633.5 of the Welfare and Institutions Code by a person
required to make a report pursuant to Section 15630 of the Welfare
and Institutions Code, provided that the disclosure under subdivision
(a) of Section 15633.5 concerns a report made by that person.
Covered entities, as they are defined in Section 160.103 of Title 45
of the Code of Federal Regulations, shall comply with the
requirements of the Health Insurance Portability and Accountability
Act (HIPAA) privacy rule pursuant to subsection (c) of Section
164.512 of Title 45 of the Code of Federal Regulations if the
disclosure is not for the purpose of public health surveillance,
investigation, intervention, or reporting an injury or death.
(23) Information may shall be
disclosed among between a county
correctional facility, a county medical facility, a state
correctional facility, or a state hospital to ensure the continuity
of health care of an inmate being transferred among
between those facilities.
(24) Information may be disclosed and exchanged by a county
correctional facility, a county medical facility, a state
correctional facility, or a state hospital to a contracted licensed
mental health provider performing a forensic evaluation of an
offender or a mentally disordered offender (MDO) or sexually violent
predator (SVP) screening of an offender.
(d) Except to the extent expressly authorized by a patient,
enrollee, or subscriber, or as provided by subdivisions (b) and (c),
a provider of health care, health care service plan, contractor, or
corporation and its subsidiaries and affiliates shall not
intentionally share, sell, use for marketing, or otherwise use
medical information for a purpose not necessary to provide health
care services to the patient.
(e) Except to the extent expressly authorized by a patient or
enrollee or subscriber or as provided by subdivisions (b) and (c), a
contractor or corporation and its subsidiaries and affiliates shall
not further disclose medical information regarding a patient of the
provider of health care or an enrollee or subscriber of a health care
service plan or insurer or self-insured employer received under this
section to a person or entity that is not engaged in providing
direct health care services to the patient or his or her provider of
health care or health care service plan or insurer or self-insured
employer.
SEC. 2. Section 2601 of the Penal Code is amended to read:
2601. Subject only to the provisions of that section, each person
described in Section 2600 shall have the following civil rights:
(a) Except as provided in Section 2225 of the Civil Code, to
inherit, own, sell, or convey real or personal property, including
all written and artistic material produced or created by the person
during the period of imprisonment. However, to the extent authorized
in Section 2600, the Department of Corrections may restrict or
prohibit sales or conveyances that are made for business purposes.
(b) To correspond, confidentially, with any member of the State
Bar or holder of public office, provided that the prison authorities
may open and inspect incoming mail to search for contraband.
(c) Subject to paragraphs (23) and (24) of subdivision (c) of
Section 56.10 of the Civil Code, as those paragraphs relate to
medically necessary sharing of personal medical and mental health
information to further the continuity of care for offenders, to all
privacy rights legally applicable to inmates.
(d) (1) To purchase, receive, and read any and all newspapers,
periodicals, and books accepted for distribution by the United States
Post Office. Pursuant to this section, prison authorities may
exclude any of the following matter:
(A) Obscene publications or writings, and mail containing
information concerning where, how, or from whom this matter may be
obtained.
(B) Any matter of a character tending to incite murder, arson,
riot, violent racism, or any other form of violence.
(C) Any matter concerning gambling or a lottery.
(2) Nothing in this section shall be construed as limiting the
right of prison authorities to do the following:
(A) Open and inspect any and all packages received by an inmate.
(B) Establish reasonable restrictions as to the number of
newspapers, magazines, and books that the inmate may have in his or
her cell or elsewhere in the prison at one time.
(e) To initiate civil actions, subject to a three dollar ($3)
filing fee to be collected by the Department of Corrections, in
addition to any other filing fee authorized by law, and subject to
Title 3a (commencing with Section 391) of the Code of Civil
Procedure.
(f) To marry.
(g) To create a power of appointment.
(h) To make a will.
(i) To receive all benefits provided for in Sections 3370 and 3371
of the Labor Code and in Section 5069.
SEC. 3. Section 3003 of the Penal Code is amended to read:
3003. (a) Except as otherwise provided in this section, an inmate
who is released on parole or postrelease supervision as provided by
Title 2.05 (commencing with Section 3450) shall be returned to the
county that was the last legal residence of the inmate prior to his
or her incarceration. For purposes of this subdivision, "last legal
residence" shall not be construed to mean the county wherein the
inmate committed an offense while confined in a state prison or local
jail facility or while confined for treatment in a state hospital.
(b) Notwithstanding subdivision (a), an inmate may be returned to
another county if that would be in the best interests of the public.
If the Board of Parole Hearings setting the conditions of parole for
inmates sentenced pursuant to subdivision (b) of Section 1168, as
determined by the parole consideration panel, or the Department of
Corrections and Rehabilitation setting the conditions of parole for
inmates sentenced pursuant to Section 1170, decides on a return to
another county, it shall place its reasons in writing in the parolee'
s permanent record and include these reasons in the notice to the
sheriff or chief of police pursuant to Section 3058.6. In making its
decision, the paroling authority shall consider, among others, the
following factors, giving the greatest weight to the protection of
the victim and the safety of the community:
(1) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person.
(2) Public concern that would reduce the chance that the inmate's
parole would be successfully completed.
(3) The verified existence of a work offer, or an educational or
vocational training program.
(4) The existence of family in another county with whom the inmate
has maintained strong ties and whose support would increase the
chance that the inmate's parole would be successfully completed.
(5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to Section 2960.
(c) The Department of Corrections and Rehabilitation, in
determining an out-of-county commitment, shall give priority to the
safety of the community and any witnesses and victims.
(d) In making its decision about an inmate who participated in a
joint venture program pursuant to Article 1.5 (commencing with
Section 2717.1) of Chapter 5, the paroling authority shall give
serious consideration to releasing him or her to the county where the
joint venture program employer is located if that employer states to
the paroling authority that he or she intends to employ the inmate
upon release.
(e) (1) The following information, if available, shall be released
by the Department of Corrections and Rehabilitation to local law
enforcement agencies regarding a paroled inmate or inmate placed on
postrelease community supervision pursuant to Title 2.05 (commencing
with Section 3450) who is released in their jurisdictions:
(A) Last, first, and middle names.
(B) Birth date.
(C) Sex, race, height, weight, and hair and eye color.
(D) Date of parole or placement on postrelease community
supervision and discharge.
(E) Registration status, if the inmate is required to register as
a result of a controlled substance, sex, or arson offense.
(F) California Criminal Information Number, FBI number, social
security number, and driver's license number.
(G) County of commitment.
(H) A description of scars, marks, and tattoos on the inmate.
(I) Offense or offenses for which the inmate was convicted that
resulted in parole or postrelease community supervision in this
instance.
(J) Address, including all of the following information:
(i) Street name and number. Post office box numbers are not
acceptable for purposes of this subparagraph.
(ii) City and ZIP Code.
(iii) Date that the address provided pursuant to this subparagraph
was proposed to be effective.
(K) Contact officer and unit, including all of the following
information:
(i) Name and telephone number of each contact officer.
(ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.
(L) A digitized image of the photograph and at least a single
digit fingerprint of the parolee.
(M) A geographic coordinate for the inmate's residence location
for use with a Geographical Information System (GIS) or comparable
computer program.
(2) The information required by this subdivision shall come from
the statewide parolee database. The information obtained from each
source shall be based on the same timeframe.
(3) All of the information required by this subdivision shall be
provided utilizing a computer-to-computer transfer in a format usable
by a desktop computer system. The transfer of this information shall
be continually available to local law enforcement agencies upon
request.
(4) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.
(f) Notwithstanding any other law, an inmate who is released on
parole shall not be returned to a location within 35 miles of the
actual residence of a victim of, or a witness to, a violent felony as
defined in paragraphs (1) to (7), inclusive, and paragraph (16) of
subdivision (c) of Section 667.5 or a felony in which the defendant
inflicts great bodily injury on a person other than an accomplice
that has been charged and proved as provided for in Section 12022.53,
12022.7, or 12022.9, if the victim or witness has requested
additional distance in the placement of the inmate on parole, and if
the Board of Parole Hearings or the Department of Corrections and
Rehabilitation finds that there is a need to protect the life,
safety, or well-being of a victim or witness.
(g) Notwithstanding any other law, an inmate who is released on
parole for a violation of Section 288 or 288.5 whom the Department of
Corrections and Rehabilitation determines poses a high risk to the
public shall not be placed or reside, for
the duration of his or her parole, within one-half
mile of a public or private school including any or all of
kindergarten and grades 1 to 12, inclusive.
(h) Notwithstanding any other law, an inmate who is released on
parole or postrelease community supervision for a stalking offense
shall not be returned to a location within 35 miles of the victim's
actual residence or place of employment if the victim or witness has
requested additional distance in the placement of the inmate on
parole or postrelease community supervision, and if the Board of
Parole Hearings or the Department of Corrections and Rehabilitation,
or the supervising county agency, as applicable, finds that there is
a need to protect the life, safety, or well-being of the victim. If
an inmate who is released on postrelease community supervision cannot
be placed in his or her county of last legal residence in compliance
with this subdivision, the supervising county agency may transfer
the inmate to another county upon approval of the receiving county.
(i) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out-of-county
commitments from a county compared to the number of commitments from
that county when making parole decisions.
(j) An inmate may be paroled to another state pursuant to any
other law. The Department of Corrections and Rehabilitation shall
coordinate with local entities regarding the placement of inmates
placed out of state on postrelease community supervision pursuant to
Title 2.05 (commencing with Section 3450).
(k) (1) The Department of Corrections and Rehabilitation shall be
the agency primarily responsible for, and shall have control over,
the program, resources, and staff implementing the Law Enforcement
Automated Data System (LEADS) in conformance with subdivision (e).
County agencies supervising inmates released to postrelease community
supervision pursuant to Title 2.05 (commencing with Section 3450)
shall provide any information requested by the department to ensure
the availability of accurate information regarding inmates released
from state prison. This information may include the issuance of
warrants, revocations, or the termination of postrelease community
supervision. On or before August 1, 2011, county agencies designated
to supervise inmates released to postrelease community supervision
shall notify the department that the county agencies have been
designated as the local entity responsible for providing that
supervision.
(2) Notwithstanding paragraph (1), the Department of Justice shall
be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.
( l ) In addition to the requirements under subdivision
(k), the Department of Corrections and Rehabilitation shall submit
to the Department of Justice data to be included in the supervised
release file of the California Law Enforcement Telecommunications
System (CLETS) so that law enforcement can be advised through CLETS
of all persons on postrelease community supervision and the county
agency designated to provide supervision. The data required by this
subdivision shall be provided via electronic transfer.
SEC. 4. Section 5073 is added to the Penal Code, to read:
5073. (a) When jurisdiction of an inmate is
transferred from or among between the
Department of Corrections and Rehabilitation, the State Department of
State Hospitals, and county agencies caring for inmates, these
agencies shall disclose, by electronic transmission when possible,
medical, dental, and mental health information regarding each
transferred or released inmate as follows:
inmate. Information shall be disclosed between a county correctional
facility, a county medical facility, a state correctional facility, a
state hospital, or a state-assigned mental health provider to ensure
the continuity of health care of an inmate being transferred between
those facili ties.
(a) An inmate's health information, as necessary for continuity of
care, may be shared when an inmate is transferred between or among
any of the following facilities:
(1) A state prison.
(2) A fire camp operated by the Department of Corrections and
Rehabilitation.
(3) A state hospital.
(4) A county correctional facility.
(5) A county medical facility providing medical or mental health
services to offenders.
(b) When an inmate is being released by the Department of
Corrections and Rehabilitation to postrelease community supervision
pursuant to Section 3450, or is being retained in custody at a county
or local jail, or county officials will otherwise have
responsibility for the inmate's ongoing health care needs, the
Department of Corrections and Rehabilitation shall disclose the
inmate's health information, as necessary for continuity of care, to
the applicable county agency.
(c) The medical, dental, and mental health information to be
disclosed among the Department of Corrections and Rehabilitation, the
State Department of State Hospitals, and county agencies is limited
to the type and amount of information that is determined by licensed
medical providers, as a matter of general policy or on a case-by-case
basis, to be necessary for continuity of care or to perform a
mandatory offender screening, such as a mentally disordered offender
(MDO) screening or a sexually violent predator (SVP) screening. The
information may be disclosed either as maintained in existing medical
records or as compiled for the purpose of the disclosure, and may
include, but is not limited to, all of the following:
(1) Medical history and physical information.
(2) Medications, including psychiatric and medical medications.
(3) Diagnostic information, such as lab and radiology tests.
(4) Public health information.
(5) Mental health evaluations, summaries, and treatment plans.
(6) Voluntary and involuntary mental health inpatient admissions.
(7) Mental health commitments, capacity determinations, and
adjudications relating to an inmate's danger to self, danger to
others, or the inmate's having a grave disability.
(8) Dental histories, examinations, and treatment plans.
(d)
(b) All transmissions made pursuant to this section
shall comply with the Confidentiality of Medical Information Act
(Part 2.6 (commencing with Section 56) of Division 1 of the Civil
Code), Chapter 1 (commencing with Section 123100) of Part 1 of
Division 106 of the Health and Safety Code, the Information Practices
Act (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4
of Division 3 of the Civil Code), the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA) (Public Law
104-191), the federal Health Information Technology for Clinical
Health Act (HITECH) (Public Law 111-005), and the corresponding
implementing regulations relating to privacy and security in Parts
160 and 164 of Title 45 of the Code of Federal Regulations.
SEC. 5. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
