97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2561

 

Introduced 1/11/2012, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 110/9.3

    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.


LRB097 14651 AJO 59539 b

 

 

A BILL FOR

 

SB2561LRB097 14651 AJO 59539 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Confidentiality Act is amended by changing
6Section 9.3 as follows:
 
7    (740 ILCS 110/9.3)
8    Sec. 9.3. Disclosure without consent under the Sexually
9Violent Persons Commitment Act. Disclosure may be made without
10consent by any therapist or other treatment provider providing
11mental health or developmental disabilities services pursuant
12to the provisions of the Sexually Violent Persons Commitment
13Act or who previously provided any type of mental health or
14developmental disabilities services to a person who is subject
15to an evaluation, investigation, or prosecution of a petition
16under the Sexually Violent Persons Commitment Act. Disclosure
17may be made to the Attorney General, the State's Attorney
18participating in the case, the Department of Human Services,
19the Department of Corrections, the Department of Juvenile
20Justice, the court, and any other party to whom the court
21directs disclosure to be made. The information disclosed may
22include any records or communications in the possession of the
23Department of Corrections, if those records or communications

 

 

SB2561- 2 -LRB097 14651 AJO 59539 b

1were relied upon by the therapist in providing mental health or
2developmental disabilities services pursuant to the Sexually
3Violent Persons Commitment Act. Any records and any information
4obtained from those records under this Section may be used only
5in sexually violent persons commitment proceedings.
6(Source: P.A. 92-415, eff. 8-17-01.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.