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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2561 Introduced 1/11/2012, by Sen. William R. Haine SYNOPSIS AS INTRODUCED:
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Amends the Mental Health and Developmental Disabilities Confidentiality Act. Adds the Departments of Corrections and Juvenile Justice to the government officials or agencies to which there can be disclosure of the mental health records of a person who received services or who was evaluated, investigated, or prosecuted pursuant to the Sexually Violent Persons Commitment Act, without the consent of the person or the treatment provider involved. Effective immediately.
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| | A BILL FOR |
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| | SB2561 | | LRB097 14651 AJO 59539 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Mental Health and Developmental |
| 5 | | Disabilities Confidentiality Act is amended by changing |
| 6 | | Section 9.3 as follows:
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| 7 | | (740 ILCS 110/9.3)
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| 8 | | Sec. 9.3.
Disclosure without consent under the Sexually |
| 9 | | Violent Persons
Commitment Act.
Disclosure may be made without |
| 10 | | consent by any therapist or other treatment
provider providing |
| 11 | | mental
health or developmental disabilities services pursuant |
| 12 | | to the provisions of the
Sexually Violent Persons Commitment |
| 13 | | Act or who previously provided any type
of mental health or |
| 14 | | developmental disabilities services to a person who is
subject |
| 15 | | to an evaluation, investigation, or prosecution of a petition |
| 16 | | under the
Sexually Violent Persons Commitment Act. Disclosure |
| 17 | | may be made to the
Attorney General, the State's Attorney |
| 18 | | participating in the case, the
Department
of Human Services, |
| 19 | | the Department of Corrections, the Department of Juvenile |
| 20 | | Justice, the court,
and any other party to whom the court |
| 21 | | directs disclosure to be made. The
information disclosed may |
| 22 | | include
any records or communications in the possession of the |
| 23 | | Department of
Corrections, if those records or communications |