The People, Petitioner v. the Superior Court of Orange County, Respondent; Richard Anthony Smith, Real Party In…

Summary

The court held that the amended Sexually Violent Predator Act permits the district attorney to obtain treatment records reviewed by evaluators in updated or replacement evaluations, including records created before the amendment took effect. It also held that the district attorney may share those records with a retained mental health expert for use in the SVP proceeding, subject to an appropriate protective order. The court rejected the alleged SVP’s equal protection challenge because he failed to make a credible showing that similarly situated persons received different treatment.