§ 75-5266 — Psychiatric evaluation reports privileged

Psychiatric evaluation reports of correctional facilities shall be privileged and shall not be disclosed directly or indirectly to anyone except as provided herein. The court, the district or county attorney, the attorney for the defendant or inmate, the prisoner review board and its staff, the wardens and classification committees of the state correctional institutions and those persons authorized by the secretary shall have access to such reports. Such reports may be disclosed to: (1) The defendant or inmate or members of the defendant's or inmate's family; (2) the defendant's or inmate's friends when authorized by the defendant or inmate or the defendant's or inmate's family; or (3) the superintendent or director of any other state institution when authorized by the warden, or secretary of corrections. Employees of the correctional institutions under the supervision of the secretary are expressly forbidden from disclosing the contents of such reports to anyone except as provided herein. Nothing in this section shall be construed as preventing the attorney for the defendant or inmate from discussing such reports with the defendant or inmate.

Legislative History

L. 1973, ch. 339, § 57; L. 1977, ch. 307, § 2; L. 1983, ch. 284, § 10; L. 1990, ch. 309, § 74; L. 1991, ch. 260, § 17; L. 2005, ch. 12, § 1; L. 2012, ch. 16, § 37; July 1.