# 95 Ill. Adm. Code 400.615: Section 400.615 Privilege Concerning Mental Examination of an Accused > Illinois · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_615 ## Section - **Citation:** 95 Ill. Adm. Code 400.615 - **Heading:** Section 400.615 Privilege Concerning Mental Examination of an Accused - **Jurisdiction:** Illinois - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Illinois Administrative Code / Title 95 VETERANS AND MILITARY AFFAIRS / CHAPTER II: DEPARTMENT OF MILITARY AFFAIRS / Part 400 ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT / Section 400.615 Privilege Concerning Mental Examination of an Accused ## Text Section 400.615  Privilege Concerning Mental Examination of an Accused a)         General Rule.  The accused has a privilege to prevent any statement made by the accused at a mental examination ordered under Code Section 76a and any derivative evidence obtained through use of such a statement from being received into evidence against the accused on the issue of guilt or innocence or during sentencing proceedings.  This privilege may be claimed by the accused notwithstanding the fact that the accused may have been warned of the rights provided by Section 400.625 at the examination. b)         Exceptions 1)         There is no privilege under this Section when the accused first introduces into evidence such statements or derivative evidence. 2)         An expert witness for the prosecution may testify as to the reasons for the expert's conclusions and the reasons therefor as to the mental state of the accused if expert testimony offered by the defense as to the mental condition of the accused has been received in evidence, but that testimony may not extend to statements of the accused except as provided in subsection (b)(1). c)         Release of Evidence.  If the defense offers expert testimony concerning the mental condition of the accused, the military judge, upon motion, shall order the release to the prosecution of the full contents, other than any statements made by the accused, of any report prepared pursuant to Code Section 76a.  If the defense offers statements made by the accused at that examination, the military judge may, upon motion, order the disclosure of those statements made by the accused and contained in the report as may be necessary in the interests of justice. d)         Noncompliance by the Accused.  The military judge may prohibit an accused who refuses to cooperate in a mental examination authorized under Code Section 76a from presenting any expert medical testimony on any issue that would have been the subject of the mental examination. e)         Procedure he accused and contained in the report as may be necessary in the interests of justice. d)         Noncompliance by the Accused.  The military judge may prohibit an accused who refuses to cooperate in a mental examination authorized under Code Section 76a from presenting any expert medical testimony on any issue that would have been the subject of the mental examination. e)         Procedure. The privilege in this Section may be claimed by the accused only under the procedure set forth in Section 400.620(a) through (g) for an objection or a motion to suppress. (Il. Mil. R. Evid. 302) ## Nearby sections - [95 Ill. Adm. Code 400.600 Section 400.600 General](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_600.md) - [95 Ill. Adm. Code 400.605 Section 400.605 Judicial Notice](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_605.md) - [95 Ill. Adm. Code 400.610 Section 400.610 Self-Incrimination](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_610.md) - [95 Ill. Adm. Code 400.615 Section 400.615 Privilege Concerning Mental Examination of an Accused](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_615.md) - [95 Ill. Adm. Code 400.620 Section 400.620 Confessions; Admissions; Statements](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_620.md) - [95 Ill. Adm. Code 400.625 Section 400.625 Warnings About Rights](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_625.md) - [95 Ill. Adm. Code 400.630 Section 400.630 Standards for Nonmilitary Interrogations](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_630.md) - [95 Ill. Adm. Code 400.635 Section 400.635 Evidence Obtained from Unlawful Searches and Seizures](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_635.md) - [95 Ill. Adm. Code 400.640 Section 400.640 Body Views and Intrusions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_640.md) - [95 Ill. Adm. Code 400.645 Section 400.645 Inspections and Inventories in the Armed Forces](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_645.md) - [95 Ill. Adm. Code 400.650 Section 400.650 Searches](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_650.md) - [95 Ill. Adm. Code 400.655 Section 400.655 Seizures](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_655.md) - [95 Ill. Adm. Code 400.660 Section 400.660 Eyewitness Identification](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_660.md) - [95 Ill. Adm. Code 400.665 Section 400.665 Relevant Evidence](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_665.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T95_P400_S400_615. Check the current official text before relying on it. Not legal advice.