Albertson

Petitioner Clarence Albertson faces trial under the Sexually Violent Predators Act (Welf. & Inst. Code, §§ 6600-6609.3 (SVPA or Act)). In preparation for that trial, the Ventura County District Attorney sought an order directing petitioner to undergo an updated mental health interview and evaluation, and granting the district attorney access to petitioner’s mental health treatment files. The trial court granted the district attorney’s requests, but the Court of Appeal reversed, holding that there was no statutory authorization for updated interviews and evaluations, and that the district attorney had no right of access to petitioner’s treatment records.

After we granted review to determine whether the district attorney was entitled to updated interviews and evaluations and access to treatment information, the Legislature enacted, and the Governor signed, urgency legislation amending a key provision of the SVPA, section 6603, subdivision (c) (section 6603(c)). As explained below, we conclude that this legislation applies to this case and authorizes updated interviews and evaluations, as well as access to treatment records. In light of the new enactment, we shall vacate…