an in-patient or resident of any public or private hospital or mental health facility or (ii) a person who is an out-patient or provided services by a public or private hospital or mental health facility whose mental condition is of such a nature that it is manifested by violent, suicidal, threatening, or assaultive behavior or reported behavior, for which there is a reasonable belief by a physician, clinical psychologist, or qualified examiner that the condition poses a clear and present or imminent danger to the patient, any other person or the community meaning the patient's condition poses a clear and present danger in accordance with subsection (f) of Section 8 of the Firearm Owners Identification Card Act. The terms physician, clinical psychologist, and qualified examiner are defined in Sections 1-120, 1-103, and 1-122 of the Mental Health and Developmental Disabilities Code.
(c) Upon the request of a peace officer who takes a person into custody
and transports such person to a mental health or developmental disability
facility pursuant to Section 3-606 or 4-404 of the Mental Health and
Developmental Disabilities Code or who transports a person from such facility,
a facility director shall furnish said peace officer the name, address, age
and name of the nearest relative of the person transported to or from the
mental health or developmental disability facility. In no case shall the
facility director disclose to the peace officer any information relating to the
diagnosis, treatment or evaluation of the person's mental or physical health.
For the purposes of this subsection (c), the terms "mental health or
developmental disability facility", "peace officer" and "facility director"
shall have the meanings ascribed to them in the Mental Health and
Developmental Disabilities Code.
(d) Upon the request of a peace officer or prosecuting authority who is
conducting a bona fide investigation of a criminal offense, or attempting to
apprehend a fugitive from justice,
a facility director may disclose whether a person is present at the facility.
Upon request of a peace officer or prosecuting authority who has a valid
forcible felony warrant issued, a facility director shall disclose: (1) whether
the person who is the subject of the warrant is present at the facility and (2)
date of that person's discharge or future discharge from the facility.
The requesting peace officer or prosecuting authority must furnish a case
number and the purpose of the investigation or an outstanding arrest warrant at
the time of the request. Any person, institution, or agency
participating in good faith in disclosing such information in accordance with
this subsection (d) is immune from any liability, civil, criminal or
otherwise, that might result by reason of the action.
(Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)