33-3-115 - Information to be collected and reported to the federal bureau of investigation-NICS index and the department of safety by any clerk of court that maintains records of an adjudication as a
33-3-115 Information to be collected and reported to the federal bureau of investigation-NICS index and the department of safety by any clerk of court that maintains records of an adjudication as a mental defective or a judicial commitment to a mental institution. [Effective January 1, 2010. See the Compilers Notes.]
(a) Any clerk of court that maintains records of an adjudication as a mental defective or a judicial commitment to a mental institution pursuant to chapter 6 or chapter 7 shall, in accordance with the procedures outlined in title 16, disclose the following information set out in subsection (b) solely for the purposes of complying with §§ 39-17-1316, 39-17-1351, 39-17-1352 and the NICS Improvement Amendments Act of 2007, Public Law 110-180.
(b) The following information shall be collected and reported to the federal bureau of investigation-NICS Index, and the department of safety, pursuant to subsection (b):
(1) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise;
(2) Case or docket number of the judicial commitment or the adjudication as a mental defective;
(3) Date judicial commitment ordered or adjudication as a mental defective was made;
(4) Private or state hospital or treatment resource to which the individual was judicially committed; and
(5) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk.
(c) The information in subdivisions (b)(1) through (b)(5) above, the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to the provisions of such statutes or regulations, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316, 39-17-1353 and 39-17-1354.
(d) For purposes of this section, the following definitions shall apply:
(1) Judicial commitment to a mental institution means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or title 33, chapter 7;
(2) Adjudication as a mental defective or adjudicated as a mental defective means:
(A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease:
(i) Is a danger to such person or to others; or
(ii) Lacks the ability to contract or manage such person's own affairs due to mental defect;
(B) A finding of insanity by a court in a criminal proceeding; or
(C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to 50a and 72b of the Uniform Code of Military Justice, codified in 10 U.S.C. §§ 850a, 876b.
[Acts 2009, ch. 578, § 5.]