1. (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.

2. (b)

   1. (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. (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.
3. (c) Mental health information shall be disclosed to the Office of the Attorney General for the District of Columbia in response to a court order issued pursuant to § 7-2502.03(f)(3)(A)(i) or § 7-2510.03(d)(2)

History

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

Apr. 27, 2021, D.C. Law 23-274, § 101(b)

Emergency Legislation

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).

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 days) amendment of this section, see § 2(b) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).

For temporary (90 days) amendment of this section, see § 3(b) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).

For temporary (90 days) amendment of this section, see § 3(b) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).

For temporary (90 days) amendment of this section, see § 3(b) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).

For temporary (90 days) amendment of this section, see § 3(b) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).

Effect of Amendments

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

Prior Codifications

1973 Ed., § 6-1630.

1981 Ed., § 6-2033.

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3(b) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).

For temporary (225 days) amendment of this section, see § 3(b) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).