Does section 5328 of the California Criminal Code require disclosure to any person or agency?

California, United States of America


The following excerpt is from People v. Gardner, 151 Cal.App.3d 134, 198 Cal.Rptr. 452 (Cal. App. 1984):

"Last, one of the legislative purposes in providing for confidentiality was undoubtedly to encourage persons with mental or alcoholic problems to seek treatment on a voluntary basis. (See 5001, subds. (a), (b) and (f); Thorn v. Superior Court, 1 Cal.3d 666, 668 [83 Cal.Rptr. 600, 464 P.2d 56] ....) To construe the limited exception contained in subdivision (f) of section 5328 as permitting disclosure to any person or agency whenever a court determined it was 'necessary to the administration of justice' would tend to nullify the broad legislative provision for confidentiality and would tend to stultify the legislative purpose."

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