CT
Connecticut Senate Bill SB01110

Connecticut 2019 Regular Session

Connecticut Senate Bill SB01110 Compare Versions

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7+General Assembly Substitute Bill No. 1110
8+January Session, 2019
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4-Substitute Senate Bill No. 1110
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6-Public Act No. 19-80
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9-AN ACT CONCERNING AC CESS TO MEDICAL RECO RDS IN THE
10-POSSESSION OF THE CO MMISSIONER OF CORREC TION.
14+AN ACT CONCERNING AC CESS TO RECORDS BY P ERSONS WHO
15+ARE INJURED WHILE IN THE CUSTODY OF THE COMMI SSIONER OF
16+CORRECTION.
1117 Be it enacted by the Senate and House of Representatives in General
1218 Assembly convened:
1319
14-Section 1. (NEW) (Effective October 1, 2019) An inmate, his or her
15-legal representative or the legal representative of the estate of an
16-inmate, who provides a written request for documents to the
17-Department of Correction in connection with a fatal injury suffered by
18-the inmate while incarcerated or an injury that resulted in the inmate
19-suffering a permanent disability while incarcerated, may request
20-documents in the possession of the Department of Correction that are
21-relevant to such injury. The Department of Correction shall ensure that
22-such documentary materials are provided to the inmate, his or her
23-legal representative or the legal representative of the estate of an
24-inmate not later than sixty days after the date of receipt of the written
25-request, unless the disclosure of the documentary materials could pose
26-a risk to safety and security, violates a common law privilege, or is
27-prohibited by state or federal law. If an inmate dies while incarcerated
28-or becomes incapacitated due to an injury suffered while incarcerated,
29-the Department of Correction shall notify the inmate's designated next
30-of kin of the inmate's death or incapacitation, unless providing such
31-notification is not consistent with any prior expressed preference of the
32-inmate that has been made known to the Department of Correction. Substitute Senate Bill No. 1110
20+Section 1. (NEW) (Effective October 1, 2019) An inmate, his or her 1
21+legal representative or the legal representative of the estate of an 2
22+inmate, who provides a written request for documents to the 3
23+Commissioner of Correction in connection with a fatal injury suffered 4
24+by the inmate while incarcerated or an injury that resulted in the 5
25+inmate suffering a permanent disability while incarcerated, may 6
26+receive all personnel, protocol or policy reviews, medical files, medical 7
27+reviews, corrective action plans or summary reports in the possession 8
28+of the Department of Correction that are relevant to such request. The 9
29+Commissioner of Correction shall ensure that such documentary 10
30+materials are provided to the inmate, his or her legal representative or 11
31+the legal representative of the estate of an inmate not later than sixty 12
32+days after the date of receipt of the written request, unless the 13
33+disclosure of the documentary materials is otherwise prohibited by 14
34+state or federal law. The Commissioner of Correction shall adopt 15
35+regulations in accordance with the provisions of chapter 54 of the 16
36+general statutes to implement the provisions of this section. Such 17
37+regulations shall include (1) a process for resolving any dispute 18
38+concerning the production of documentary materials by the 19 Substitute Bill No. 1110
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36-The Department of Correction shall adopt regulations in accordance
37-with the provisions of chapter 54 of the general statutes to implement
38-the provisions of this section. Such regulations shall include (1) a
39-process for resolving any dispute concerning the production of
40-documentary materials by the Department of Correction under this
41-section, (2) a delineation of the fees, if any, that the Department of
42-Correction may impose when complying with a request for
43-documentary materials under this section, and (3) the circumstances
44-under which the deadline for production of documents may be
45-extended beyond sixty days.
46- Sec 2. (NEW) (Effective October 1, 2019) The Department of
47-Correction shall post on its Internet web site and in all of its medical
48-units notice informing the inmate that he or she is required to sign a
49-release of information if the inmate wishes the inmate's family or
50-emergency contact to have access to the inmate's medical information.
51-The department shall post the release of information form on its
52-Internet web site and shall be make such form available upon request
53-in all of the department's medical units. The department shall develop
54-a "frequently asked questions" document that details the steps
55-involved in investigating an inmate fatality or permanent injury and
56-includes all relevant forms and contact information. The department
57-shall post the "frequently asked questions" document on its Internet
58-web site and shall make such document available upon request in all
59-of the department's medical units.
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45+Department of Correction under this section, and (2) a delineation of 20
46+the fees, if any, that the Department of Correction may impose when 21
47+complying with a request for documentary materials under this 22
48+section. 23
49+This act shall take effect as follows and shall amend the following
50+sections:
51+
52+Section 1 October 1, 2019 New section
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54+JUD Joint Favorable Subst.
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