Code of the District of Columbia

§ 7–1204.03(Perm). Court actions.

(a) Mental health information may be disclosed in a civil or administrative proceeding in which the client or the client representative or, in the case of a deceased client, any party claiming or defending through or a beneficiary of the client, initiates his mental or emotional condition or any aspect thereof as an element of the claim or defense.

(b)(1) In addition to mental health information that is disclosed when a defendant’s competence or mental health is at issue or when otherwise authorized by law, in a criminal proceeding, the court may order the disclosure, or redisclosure, of a defendant or offender’s mental health information when and only to the extent necessary to monitor the defendant or offender’s compliance with a condition of pretrial release, probation, parole, supervised release, or diversion agreement that the defendant or offender obtain or comply with mental health treatment ordered by a court or the U.S. Parole Commission.

(2) Any disclosure or redisclosure of mental health information ordered under this subsection shall be limited to the minimum necessary to monitor the individual’s compliance and the court’s order shall specify the information that may be disclosed or redisclosed.

(Mar. 3, 1979, D.C. Law 2-136, § 403, 25 DCR 5055; Dec. 10, 2009, D.C. Law 18-88, § 204(d), 56 DCR 7413.)

Prior Codifications

1981 Ed., § 6-2033.

1973 Ed., § 6-1630.

Effect of Amendments

D.C. Law 18-88 designated the existing text as susbsec. (a); and added subsec. (b).

Emergency Legislation

For temporary (90 day) amendment of section, see § 204(d) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 204(d) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).