Appropriate information sharing between mental health and criminal justice systems ensures that criminal justice officials make informed decisions regarding a defendant or offender and that providers meet the treatment needs of people with mental illness in the criminal justice system.   Nevertheless, line staff and policymakers alike often cite information-sharing restrictions as one of the biggest barriers to collaboration between mental health and criminal justice system officials.  Mental health professionals have legal and ethical obligations not to divulge clinical information without consent, unless certain conditions apply, including imposition of a judge's order.  Law enforcement officers and prosecutors concerned about safety issues, judges who must make informed pretrial release and sentencing decisions, and corrections officers charged with maintaining safe institutions and providing constitutionally adequate levels of care are all looking for information that will help them in their duties.

In fact, maintaining appropriate confidentiality of a person's mental health records, delivering effective mental health services, and ensuring the safety of the community and the victim are consistent goals.  Moreover, partnerships exist in many jurisdictions in which officials have overcome traditional barriers to information sharing without endangering public safety, violating the ethics of providers, or invading the privacy of the individual.

Policy statements appearing elsewhere in this report include specific recommendations that explain how information can be shared appropriately within certain contexts.  The recommendations below should serve as general guidelines regarding information sharing. 

Recommendations:

a.

Ensure that mental health clinicians, law enforcement personnel, officers of the courts, and jail and corrections staff are familiar with and abide by state and federal law and regulations governing the transfer of mental health records and information.

b.

Obtain an individual's specific, written consent before a mental health agency or provider shares his or her information with criminal justice personnel, except when federal or state law (or a judicial order) supercedes.

c.

Limit access to mental health databases to authorized mental health personnel; provide information about an individual's mental health status and treatment on a case-by-case basis only.

d.

Ensure that mental health information shared is the minimum needed to address the intended recipient's needs. 

e.

Ensure that information shared for the purpose of arranging appropriate treatment not be used to jeopardize a person's rights in criminal proceedings.

f.

Encourage consumers to engage in advance planning that includes consent for mental health providers to share specified information with criminal justice authorities if necessary.

g.

Eliminate any reference to the identity of the person with mental illness when turning over information for research purposes or for systemic assessments of criminal justice systems.

h.

Criminal justice authorities should share information (with consent) with the mental health system in order to facilitate appropriate and quick follow-up services from mental health upon release.