Any health practitioner who performs a forensic medical examination of a person in the custody of law enforcement from whom evidence is sought in connection with a sexual assault crime, shall prepare a written report on standard form of the Office of Emergency Services and provided to law enforcement agency with custody of the individual. The examination and report is subject to the confidentiality requirements of the Confidentiality of Medical Information Act.
The State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) shall be administered by the Department of Corrections and Rehabilitation to assess every eligible person who is incarcerated in state prison and every eligible person who is on parole if the person was not assessed prior to release from state prison). The Department of Mental Health shall administer the SARATSO to assess every eligible person who is committed to that department.
(a)-(b) All DNA and forensic identification profiles and other identification information or biological samples retained by the Department of Justice are exempt from any law requiring disclosure of information to the public or return of biological specimens, samples, or print impressions.
In an investigation and prosecution of sexual exploitation by physicians, surgeons, psychotherapists, or alcohol and drug abuse counselors – cannot obtain disclosure of any confidential files of other current or former patients/clients of the individual under investigation.
A confidential settlement agreement may prevent defendant from disclosing medical information or personally identifying information of the victim of a felony sex offense.
A confidential settlement agreement may prevent defendant from disclosing medical information or personally identifying information of the victim of a felony sex offense.
The court may compel the disclosure of a confidential communications between the sexual assault counselor and the victim if it is relevant evidence in a criminal proceeding regarding an alleged sexual assault about which the victim is complaining, if its probative value outweighs any potential prejudice to the victim. In making a decision, the court may require the person from whom disclosure is sought to disclose the privileged information in chambers.
A victim of sexual assault has the privilege to refuse to disclose and prevent another person from disclosing a confidential communications between the victim and a sexual assault counselor if privilege is claimed by the holder of the privilege, a person who is authorized to claim the privilege, or the person who was the sexual assault counselor at the time of the confidential communications.
