What is the current state of the law on the validity of mental health evaluations under the Social Security Prosecutions Act?
California, United States of America
The following excerpt is from People v. Sharkey, B267480 (Cal. App. 2017):
"The SVPA also provides for evaluations to be updated or replaced after a commitment petition has been filed. ( 6603, subd. (c).) Section 6603, subdivision (c) was enacted to clarify the right of the attorney seeking commitment to obtain up-to-date evaluations, in light of the fact that commitment under the SVPA is based on a 'current mental disorder.' [Citations.]" (Reilly v. Superior Court (2013) 57 Cal.4th 641, 647-648.)
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