California Welfare and Institutions Code

§ 5328.01

WIC § 5328.01Div. 5 · Part 1 · Ch. 2 · Art. 7

Statute text

Notwithstanding Section 5328, all information and records made confidential under the first paragraph of Section 5328 shall also be disclosed to governmental law enforcement agencies investigating evidence of a crime where the records relate to a patient who is confined or has been confined as a mentally disordered sex offender or pursuant to Section 1026 or 1368 of the Penal Code and the records are in the possession or under the control of any state hospital serving the mentally disabled, as follows:

(a)In accordance with the written consent of the patient; or

(b)If authorized by an appropriate order of a court of competent jurisdiction in the county where the records are located compelling a party to produce in court specified records and specifically describing the records being sought, when the order is granted after an application showing probable cause therefor. In assessing probable cause, the court shall do all of the following:

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Legislative history

Added by Stats. 1985, Ch. 1036, Sec. 1.