Landau
Landau v. Superior Court of Orange Cnty.
Opinion
Lead Opinion
Moore, J.
*1077 In 2009, a jury found petitioner Sid Landau to be a sexually violent predator (SVP) within the meaning of the Sexually Violent Predator *1078 Act (SVPA). ( Welf. & Inst. Code, § 6600 et seq. ) 1 The trial court subsequently committed Landau to the custody of the State Department of State Hospitals (SDSH) for an indeterminate term. We have filed three prior opinions regarding these matters. Landau has filed a petition for unconditional discharge or conditional release (outpatient treatment), which is currently set for an evidentiary hearing in the trial court (essentially a retrial).
Effective January 1, 2016, the Legislature amended the SVPA as follows: "Notwithstanding any other law, the evaluator performing an updated ... evaluation shall include with the evaluation a statement listing all records reviewed by the evaluator .... The court shall issue a subpoena, upon the request of either party, for a certified copy of these records. The records shall be provided to the attorney petitioning for commitment and the counsel for the person subject to this article. The attorneys may use the records in proceedings under this article and shall not disclose them for any other…