People v. Superior Court of Orange County
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At issue in this case was whether the district attorney prosecuting a civil commitment petition under the Sexually Violent Predator Act (SVPA), Cal. Well. & Inst. Code 660-6609.3, may obtain copies of the treatment records supporting updated or replacement evaluators’ opinions about an individual’s suitability for designation as an SVP and whether those records may be shared with a mental health expert retained by the district attorney to assist in the prosecution of the SVP petition.
The Orange County District Attorney filed a petition to commit Richard Anthony Smith as an SVP. The SDSH performed updated and replacement evaluations and concluded that Smith no longer qualified as an SVP. Ultimately, the trial court denied the request of the district attorney asking for an order permitting his retained expert to review the SDSH evaluations. The Court of Appeals, however, directed the trial court to vacate its order and enter a new order granting the request. The Supreme Court affirmed, holding that a recent amendment to the SVPA allows the district court to obtain otherwise confidential records, and the district court may then disclose those records to its retained expert, subject to an appropriate protective order, to assist in the cross-examination of the SDSH evaluators or mental health professionals retained by the defense and in prosecuting the SVP petition.
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