(a) Consent for criminal justice referrals. A part 2 program may disclose information from a record about a patient to those persons within the criminal justice system who have made participation in the part 2 program a condition of the disposition of any criminal proceedings against the patient or of the patient's parole or other release from custody if:
(1) The disclosure is made only to those persons within the criminal justice system who have a need for the information in connection with their duty to monitor the patient's progress (e.g., a prosecuting attorney who is withholding charges against the patient, a court granting pretrial or post-trial release, probation or parole officers responsible for supervision of the patient); and
(2) The patient has signed a written consent meeting the requirements of § 2.31 (except paragraph (a)(6) of this section which is inconsistent with the revocation provisions of paragraph (c) of this section) and the requirements of paragraphs (b) and (c) of this section.
(b) Duration of consent. The written consent must state the period during which it remains in effect. This period must be reasonable, taking into account:
(1) The anticipated length of the treatment;
(2) The type of criminal proceeding involved, the need for the information in connection with the final disposition of that proceeding, and when the final disposition will occur; and
(3) Such other factors as the part 2 program, the patient, and the person(s) within the criminal justice system who will receive the disclosure consider pertinent.
(c) Revocation of consent. The written consent must state that it is revocable upon the passage of a specified amount of time or the occurrence of a specified, ascertainable event. The time or occurrence upon which consent becomes revocable may be no later than the final disposition of the conditional release or other action in connection with which consent was given.
(d) Restrictions on use and redisclosure. Any persons within the criminal justice system who receive patient information under this section may use and redisclose it only to carry out official duties with regard to the patient's conditional release or other action in connection with which the consent was given.
[82 FR 6115, Jan. 18, 2017, as amended at 83 FR 251, Jan. 3, 2018; 89 FR 12627, Feb. 16, 2024]
Notes of Decisions
Cited in
8
cases, 1989–2012 · leading case:
State v. Tatlow, 290 P.3d 228 (Ariz. Ct. App. 2012).
State v. Tatlow, 290 P.3d 228 (Ariz. Ct. App. 2012).
· cites it 3× “But 42 C.F.R. § 2.35 (a) permits a treatment program to disclose information to agencies, such as courts, that make participation in the program a condition of the disposition of a criminal proceeding when the patient has signed a written consent consistent with 42 C.”
Briand v. Lavigne, 223 F. Supp. 2d 241 (D. Me. 2002).
· cites it 2× “) Also relevant to my inquiry into this claim is the provision of 42 C.F.R. § 2.35 , which is the regulation arising from 42 U.”
United States v. Bell, 38 M.J. 358 (1993).
· cites it 2× “42 C.F.R. § 2.35 relates to authorized disclosures of patient information “to those persons within the criminal justice system which have made participation in the program a condition of the disposition of any criminal proceedings____” 42 C.”
People v. Silkworth, 142 Misc. 2d 752 (N.Y. City Crim. Ct. 1989).
“(42 CFR 2.35, 2.31.) 3 This provision would govern the instant situation, permitting release of the subpoenaed records without need for litigation, but for the fact that the probationer in this case has never signed the consent form.”
State v. Rudy, 974 So. 2d 1164 (Fla. 4th DCA 2008).
· cites it 2× “[2] A third basis for the disclosure of the records can be found in 42 C.F.R. § 2.35 (2007), which provides: (a) A program may disclose information about a patient to those persons within the criminal justice system which have made participation in the program a condition of the…”
State v. Wheat, 118 Wash. App. 435 (Wash. Ct. App. 2003).
· cites it 3× “42 C.F.R. § 2.35 -(a)(1).* 1 One of those requirements is that the consent must state a reasonable period “during which it remains in effect”: that period must take into account the “anticipated length of the treatment,” as well as the “type of criminal proceeding involved, the…”
State v. Wheat, 76 P.3d 280 (Wash. Ct. App. 2003).
· cites it 3× “NOTES [1] 42 C.F.R. § 2.35 states: (a)A program may disclose information about a patient to those persons within the criminal justice system which have made participation in the program a condition of the disposition of any criminal proceedings against the patient or of the…”
State v. Ctr. for Drug-Free Living, Inc., 842 So. 2d 177 (Fla. 5th DCA 2003).
“The state also argues the state and federal regulations should not be read to bar legitimate investigations of crimes committed at such centers, because 42 C.F.R. § 2.35 permits disclosure of such information to the criminal justice authority which referred the patient as a…”
— 42 C.F.R. § 2.35(a)(1) — 1 case
State v. Wheat, 76 P.3d 280 (Wash. Ct. App. 2003).
“NOTES [1] 42 C.F.R. § 2.35 states: (a)A program may disclose information about a patient to those persons within the criminal justice system which have made participation in the program a condition of the disposition of any criminal proceedings against the patient or of the…”
— 42 C.F.R. § 2.35(b)(2) — 1 case
State v. Wheat, 76 P.3d 280 (Wash. Ct. App. 2003).
“NOTES [1] 42 C.F.R. § 2.35 states: (a)A program may disclose information about a patient to those persons within the criminal justice system which have made participation in the program a condition of the disposition of any criminal proceedings against the patient or of the…”
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treatment. Dots show Syfertize treatment of the citing case itself.