BILL ANALYSIS Ó
SB 507
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Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 507
(Pavley) - As Amended July 2, 2015
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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:
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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
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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.
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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
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