Montana 2023 Regular Session

Montana House Bill HB800

Introduced
2/23/23  
Refer
2/24/23  
Engrossed
3/3/23  
Refer
3/14/23  
Enrolled
4/17/23  

Caption

Provide limited criminal history of criminally charged mental health patient

Impact

If enacted, HB 800 would amend existing laws related to the dissemination of criminal history records. By doing so, it seeks to ensure that sensitive information related to mentally ill individuals who have been charged with crimes is only shared with authorized entities, thereby promoting confidentiality and protecting the rights of these individuals. This change is particularly significant for mental health professionals who require access to such records to make informed treatment decisions while ensuring that this information is not misused.

Summary

House Bill 800 is a legislative measure aimed at providing guidelines for the limited dissemination of criminal history record information that pertains to individuals committed to mental health services. The bill specifies that such information should only be shared under certain conditions, which include obtaining consent from the individual concerned, or when ordered by a district court. Additionally, it outlines the entities eligible to receive this type of information, particularly focusing on those providing residential treatment or care for these individuals.

Sentiment

The general sentiment around HB 800 appears to be supportive among mental health advocates and professionals, who believe that limiting the dissemination of sensitive criminal history information is crucial for patient confidentiality and trust in treatment settings. However, there may be some concerns that stricter regulations could impede necessary communications within the criminal justice and mental health systems, raising questions about the balance between confidentiality and public safety.

Contention

Despite the supportive sentiment, there may be contention surrounding the bill's provisions for unauthorized disclosure, which impose penalties for misuse of confidential information. Critics may argue that the bill could create barriers for justice agencies or treatment facilities that require access to comprehensive criminal histories for effective assessment and management of high-risk individuals. This highlights an ongoing tension between the need for confidentiality in mental health treatment and the requirements of public safety and justice.

Companion Bills

No companion bills found.

Previously Filed As

MT SB97

Provides for "clean slate" limited access to a person's criminal history record relative to certain misdemeanors. (1/1/20)

MT SB506

Revises provisions relating to records of criminal history. (BDR 14-1220)

MT SB1132

Criminal history record information; dissemination.

MT HB2313

Criminal history record information; dissemination.

MT HB308

Establish registry of forensic state hospital patients for limited purposes

MT AB709

Criminal history information.

MT AB442

State summary criminal history information.

MT AB2133

Criminal justice: state summary criminal history records.

MT HB361

Criminal history record information; dissemination of information to DSS.

MT SB1260

State summary criminal history information.

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