Home      Login

Abstract: 

Does the psychotherapist-patient privilege apply to statements made by a parolee to his therapist during parole-mandated therapy sessions, and if it does and is violated in the context of a Sexually Violent Predator Act (SVPA) trial, must the decision to commit be reversed? The California Supreme Court in a very well written and extensively researched opinion held the privilege does apply and while its violation offends state law, it does not violate any federal constitutional right to privacy. The SVPA finding and commitment in this case was not prejudiced and need not be reversed. This article discusses the background and particulars of the case and summarizes the lengthy decision.

Keywords: People v. Gonzales, 296 P.3d 945 (Cal. 2013); Jaffe v. Redmond; confidentiality; sexually violent predators

Affiliations:  1: Executive Editor Correctional Mental Health Report.