Ruling Favors Accessing Mental Health Records
In a decision benefiting prosecutors statewide, the state Supreme Court on Monday ruled that the Ventura County district attorney’s office has a legal right to access the mental health records of suspected sexually violent predators.
The decision stems from a petition local prosecutors filed in August 1998 to have convicted rapist Clarence Albertson held in a mental hospital for an additional two years under the state’s Sexually Violent Predator Act.
The law says sexual predators can be committed after serving prison time if a jury finds they meet certain criteria. Albertson has three sexual assault convictions on his record.
Before trial, prosecutors argued that they needed access to his confidential records and a chance for their own doctors to obtain a current diagnosis of Albertson.
Albertson is currently being treated at Atascadero State Hospital. He will remain there until a trial date on the petition is set later this year, said Chief Assistant Dist. Atty. Greg Totten.
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