SB2364 Summary

• Amends the Mental Health and Developmental Disabilities Confidentiality Act to allow disclosure of mental health records in sexual assault or sexual abuse cases when the recipient is the alleged perpetrator, was an inpatient or resident of a hospital or mental health facility when the alleged offense occurred, and the disclosure directly relates to the offense.

• Requires courts to conduct in camera examination and find that disclosed records are relevant, probative, discoverable, and that no other satisfactory evidence is available before authorizing disclosure.

• Mandates redaction of medical treatment and diagnosis information from disclosed records unless the court finds the recipient was adequately informed of the disclosure request.

• Allows courts to enter protective orders to prevent harm from disclosure and requires courts to either authorize disclosure or authorize issuance of a subpoena for in camera examination of the records.

• Defines "sexual assault" and "sexual abuse" by reference to "criminal sexual assault" and "criminal sexual abuse" in the Criminal Code of 2012 (Sections 11-1.20 and 11-1.50).