AB 30 — Revises provisions relating to records of defendants who have been found incompetent. (BDR 14-293)

A.B.Assembly Bill No.

3030–Committee Aon SSEMBLYJudiciary BILLCHAPTER.......... NO .

30–COMMITTEE ON JUDICIARY (ON B EHALF OF THE D IVISION OFP UBLIC AND BEHAVIORAL HEALTH OF THE D EPARTMENT OF H EALTH AND H UMAN SERVICES ) PREFILED N OVEMBER 14, 2024 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to records of defendants who have been found incompetent.

(BDR 14-293) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law authorizes the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services or the Administrator’sany designeerecords toin requestits frompossession thewhich Departmentcontain ofinformation Correctionsthat accessmay assist iness to anyevaluating recordsand intreating itsa possessiondefendant whichwho containpreviously informationhas thatserved maya assistterm inof imprisonment under the supervision of the Department of Corrections and who is committed to the custody of or ordered to report to the Administrator or the Administrator’s designee based upon a finding of incompetence.

Existing law requires the Department of Corrections, upon receiving such a request, to provide access to any such records, including, without limitation, relevant medical and - *AB30* – 2 – mental health records, for the limited purpose of allowing the Administrator or the Administrator’s designee to evaluate and treat the defendant.

(1) authorizes the Administrator or the Administrator’s designee to request from a local detention facility access to any records in its possession which contain information that may assist in evaluating and treating a defendant who has previously been detained or ordered to serve a term of imprisonment in the local detention facility and who is committed to the custody of or ordered to report to the Administrator or the Administrator’s designee basedbasedy of upon a finding of incompetence;

and (2) requires the local detention facility, upon receiving such a request, to provide access to any such records, including, without limitation, relevant medical and mental health records, for the limited purpose oftof allowing the Administrator or the Administrator’s designee to evaluate and treat the defendant.

- 83rd Session (2025) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Unless otherwise ordered by a court, upon request of the Administrator or the Administrator’s designee for access to records of a defendant pursuant to subsection 1, the Department of Corrections, through the Medical Director, shall provide access to any such records, including, without limitation, relevant medical and mental health records, for the limited purpose of allowing the Administrator or the Administrator’s designee to evaluate and treat the defendant.

Unless otherwise ordered by a court, upon request of the Administrator or the Administrator’s designee for access to records of a defendant pursuant to subsection 3, a local detention facility shall provide access to any such records, including, without limitation, relevant medical and mental health records, for - *AB30* – 3 – the limited purpose of allowing the Administrator or the Administrator’s designee to evaluate and treat the defendant.

No oral or written consent of the defendant is required for the Administrator or the Administrator’s designee to obtain access tofacility recordspursuant fromto thethis Departmentsection.Corrections of Corrections or a local detention facility[4.] pursuant6. to this section.

[4.] 6.

- 83rd Session (2025) – 3 – (a) “Local detention facility” means a county, city or town jail or detention facility.

H~~~~~ 25 - *AB30*83rd Session (2025)