Psychiatric Quarterly [psaq] PH246-psaq-478272 February 21, 2004 1:43 Style ﬁle version June 4th, 2002
Psychiatric Quarterly, Vol. 75, No. 2, Summer 2004 (
REACHING A BALANCE BETWEEN
PRIVACY, PRIVILEGE AND PLANNING:
A LOOK AT BARRIERS TO OBTAINING
INFORMATION FOR PATIENTS WITH
Hon. Patricia D. Marks, J.D.
Persons with serious and persistent mental disorders present unique problems
for the criminal justice system. The challenges are tremendous as courts ven-
ture into problem solving models, attempting to integrate mental health ser-
vices with the criminal justice system (1). Gathering and accessing conﬁdential
information is often difﬁcult. This article will identify and explore the legal
issues related to obtaining such information.
KEY WORDS: conﬁdential; releases; treatment; mental health; regulations.
A recent mental health and criminal justice workshop was conducted
at a conference in Rochester, New York. Together, mental health and
Judge Marks is a Monroe County Court Judge and Supervising Judge for the criminal
courts in the Seventh Judicial District, New York State.
Address correspondence to Hon. Patricia D. Marks, J.D., Supervising Judge Crim-
inal Courts, 545 Hall of Justice, Rochester, New York 14614-2186; e-mail: pmarks@
2004 Human Sciences Press, Inc.