Albertson

Michael D. Bradbury, District Attorney, County of Ventura, David Lehr, Deputy District Attorney, for Real Party in Interest.

This is a companion case to Sporich v. Superior Court (2000) 77 Cal.App.4th 422 , 91 Cal.Rptr.2d 752 . In Sporich , we concluded that the order requiring further mental examinations was erroneous. The rule and rationale of that opinion applies here and the order requiring petitioner Albertson (hereafter, petitioner) to submit to further mental examination must also be vacated.

In addition, respondent court ordered that the People be given direct access to all of petitioner's mental health records at the Department of Mental Health. As we shall explain, this sweeping order literally erases the confidentiality provisions of Welfare and Institutions Code, section 5328. [1] Where, as here, the judiciary is called upon to construe a statute, it should do so with scalpel, not a meat cleaver.

The Sexually Violent Predators Act (SVP) contemplates that the psychological or psychiatric "evaluation reports and any other supporting documents shall be made available to" the district attorney. (§ 6601 subds. (d), (h).). The evaluating doctors, in determining…