California Penal Code

§ 5073

PEN § 5073 Effective Jan 1, 2023Title 7 · Part 3 · Ch. 2

Statute text

(a)When jurisdiction of an inmate is transferred from or 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, mental health records for any transferred inmate who received mental health services while in the custody of the transferring facility. The mental health records shall be disclosed at the time of transfer or within seven days of the transfer of custody, except when the person is transferred to a state hospital when the records shall be provided prior to, or at the time of, transfer.

(b)Mental health records shall be disclosed by and between a county correctional facility, county medical facility, state correctional facility, state hospital, or state-assigned mental health provider to ensure sufficient mental health history is available for the purpose of satisfying the requirements of Section 2962 for inmate evaluations and to ensure the continuity of mental health treatment of an inmate being transferred between those facilities.

(c)For the purpose of this section, “mental health records” includes, but is not limited to, the following:

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Legislative history

Added by Stats. 2022, Ch. 968, Sec. 2. (AB 2526) Effective January 1, 2023.