BILL ANALYSIS Ó SB 507 Page 1 Date of Hearing: August 19, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 507 (Pavley) - As Amended July 2, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill allows the prosecutor petitioning for commitment of a person alleged to be a sexually violent predator (SVP) to access treatment records reviewed by the expert evaluators. Specifically, this bill: SB 507 Page 2 1)Requires an evaluator who is performing an updated evaluation to include a statement listing all records reviewed to make that evaluation. 2)Allows either party to subpoena for a certified copy of the records. The records shall be provided to both the attorney petitioning for commitment and the attorney for the SVP. 3)Allows the attorneys to use the records for the SVP proceedings, but prohibits disclosure for any other purpose. FISCAL EFFECT: Potential future increased cost to the Department of State Hospitals (DSH) if the release of the records extends the period of custody of an SVP in the DSH, and minor additional cost to provide copies of records utilized to conduct evaluations. The annual cost to DSH to treat an SVP is in the range of $200,000. COMMENTS: 1)Purpose/Background. SVPs are individuals who are committed to a state hospitals because they have been convicted of a sexually violent offense and who have been determined by a judge or jury to be likely to commit a similar offense in the future due to a diagnosed mental disorder. "In Albertson v. Superior Court (2001) 25 Cal. 4th 796, the court held that current law granted express authority for updated evaluations and clarified an exception to the general rule of confidentiality of treatment records in that it allows SB 507 Page 3 the district attorney "access to treatment record information, insofar as that information is contained in an updated evaluation." The court issued this decision immediately after the Legislature enacted the law to allow prosecuting attorneys to request updated evaluations of SVPs. Current law states that the updated evaluations shall include a review of medical and mental health records. It did not explicitly grant access of the records to prosecutors, nor did it explicitly deny or limit access either. The Albertson court noted that 'in a SVPA proceeding, a district attorney may obtain, through updated mental evaluations otherwise confidential information concerning an alleged SVP's treatment. In some counties, trial courts have interpreted this language to grant the district attorney access only to treatment information and not to the records themselves. A lack of access to the "full record" can deprive judges and juries of the information they need to decide whether or not it is safe to release a violent sex offender from a state hospital. SB 507 establishes that prosecuting attorneys and defense attorneys will have equal access to mental health treatment records before SVPs are assessed for their potential release from state's hospitals. The records would remain confidential for all purposes other than the SVP proceeding. 2)Argument in Support: The Los Angeles District Attorney's Office, the sponsor of this bill, states, "Los Angeles courts have recently refused to provide prosecutors with access to treatment records necessary to prepare for trial. Given that SVP cases are based upon the current mental condition of the offender and given that the district attorney must prove the People's case to a jury, beyond a reasonable doubt, this places the People in an untenable position. SB 507 Page 4 3)Arguments in Opposition: The California Psychiatric Association (CPA) writes, "The CPA has concerns that SB 507 would breach the patient-psychotherapist privilege thereby undermining both the purposes and effectiveness of therapy. Courts have ruled, that even though 'the privilege may operate in particular cases to withhold relevant information, the interests of society will be better served if psychiatrists are able to assure patients that their confidences will be protected. The confidentiality concerns are also shared by ACLU. 4)Prior Legislation: a) SB 295 (Emmerson), Chapter 182, Statutes of 2013, revised the procedures to be used by the courts for SVP petitions, whether with or without DSH concurrence, for conditional release and unconditional discharge. b) Proposition 83 ("Jessica's Law"), operative on November 7, 2006, and SB 1128 (Alquist), Chapter 337, Statutes of 2006, made numerous changes to sex offender and SVP law, including making commitment terms indefinite. c) SB 2018 (Schiff), Chapter 420, Statutes of 2000, allows the prosecutor to obtain updated or replacement evaluations. Analysis Prepared by:Pedro R. Reyes / APPR. / (916) 319-2081 SB 507 Page 5