Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
Assemblyman JASON O'DONNELL
District 31 (Hudson)
Assemblyman JAY WEBBER
District 26 (Essex, Morris and Passaic)
SYNOPSIS
Allows certain law enforcement officers to have access to medical records of inmates under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning medical records of certain inmates and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The medical records of an inmate who commits the offense of throwing bodily fluid, pursuant to section 2 of P.L.1997, c.182 (C.2C:12-13), against a law enforcement officer shall be made immediately available to the law enforcement officer. The medical records that are released shall be limited to those records related to transmittable diseases.
As used in this section, “inmate” means a person sentenced to imprisonment, or ordered to pretrial or investigative detention, in a State prison or county jail.
2. The Commissioner of Corrections, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to effectuate the provisions of this act.
3. This act shall take effect immediately.
STATEMENT
This bill allows certain law enforcement officers to have access to medical records of inmates under certain circumstances.
Under current law, a person who throws bodily fluid at a Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, probation officer, sheriff, undersheriff or sheriff’s officer, or a municipal, county, or State law enforcement officer while in the performance of his or her duties or subjects the employee to contact with a bodily fluid commits an aggravated assault.
Under the provisions of this bill, the medical records of an inmate who commits the offense of throwing bodily fluid against a law enforcement officer are required to be made immediately available to the law enforcement officer. The medical records that are released must be limited to those records related to transmittable diseases.