Illinois Compiled Statutes
740 ILCS 110/9.3 (2026)
Disclosure without consent under the Sexually Violent Persons Commitment Act
✓ current as of May 2026
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(740 ILCS 110/9.3)
Sec. 9.3.
Disclosure without consent under the Sexually Violent Persons
Commitment Act.
Disclosure may be made without consent by any therapist or other treatment
provider providing mental
health or developmental disabilities services pursuant to the provisions of the
Sexually Violent Persons Commitment Act or who previously provided any type
of mental health or developmental disabilities services to a person who is
subject to an evaluation, investigation, or prosecution of a petition under the
Sexually Violent Persons Commitment Act. Disclosure may be made to the
Attorney General, the State's Attorney participating in the case, the
Department
of Human Services, the court,
and any other party to whom the court directs disclosure to be made. The
information disclosed may include
any records or communications in the possession of the Department of
Corrections, if those records or communications were relied upon by the
therapist in providing mental health or developmental disabilities services
pursuant to the Sexually Violent Persons Commitment Act.
Any records and any information obtained from those records under this
Section may be used only in sexually violent persons commitment
proceedings.
(Source: P.A. 92-415, eff. 8-17-01.)
Notes of Decisions
Cited in 3
cases, 2003–2006 · leading case: Doe v. Dep't of Prof'l Reg., 793 N.E.2d 119 (Ill. App. Ct. 2003).
Doe v. Dep't of Prof'l Reg., 793 N.E.2d 119 (Ill. App. Ct. 2003). “See 740 ILCS 110/9.3 (West 2000) (providing for nonconsenting disclosures by therapists in civil commitment proceedings under the Sexually Violent Persons Commitment Act (725 ILCS 207/1 et seq.”
Cordts v. Chicago Tribune Co., 860 N.E.2d 444 (Ill. App. Ct. 2006). “1 (West 2004)), disclosures to a therapist’s supervisors or peers for review (740 ILCS 110/9 (West 2004)), disclosure with regard to sexually violent persons (740 ILCS 110/9.3 (West 2004)), and disclosures in civil, criminal, and other proceedings (740 ILCS 110/10 (West 2004)).”
Cordts v. Chicago Tribune Co. (Ill. App. Ct. 2006). “The Confidentiality Act's specifically enumerated exceptions for where disclosures can be made without the mental health care recipient's consent include, by way of example, disclosures for purposes of reviewing a therapist's or agency's licensure (740 ILCS 110/7(a) (West…”
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