Needham

Opinion of the Court by Corrigan, J.

Under the Sexually Violent Predator Act (SVPA or the Act) (Welf. & Inst. Code,1 § 6600 et seq.), a person convicted and imprisoned for certain sex offenses may be civilly committed for treatment in a secure facility following completion of a prison term. The Act sets out the procedures for formally evaluating a defendant as a potential sexually violent predator (SVP), as well as for initiating and litigating a commitment petition. In People v. Superior Court (Smith) (2018) 6 Cal.5th 457 (Smith), we concluded the People 2 may share discovery of the defendant’s treatment records with their retained expert. (Id. at pp. 469–472.) Here we resolve two additional questions regarding the People’s retained expert. We hold that, although the People may call their retained expert to testify at trial, both to contest the testimony of other witnesses and to offer an independent opinion as to whether the defendant qualifies as an SVP, the People’s retained expert may not compel a defendant to be interviewed or participate in testing before trial. We reverse the Court of Appeal’s contrary judgment and remand the case for trial.

1 Subsequent unspecified…