California, United States of America
The following excerpt is from People v. Gordon, G053392 (Cal. App. 2019):
The SVPA does allow for updated evaluations, but that does not mean the district attorney is bound by the updated evaluations and cannot retain his or her own experts to rebut them. "[T]he updated evaluations' primary purpose is evidentiary or informational. [Citation.] Mandatory dismissal is not required where one or both of the later evaluators conclude the individual does not meet the criteria for commitment." (People v. Reilly, supra, 57 Cal.4th at p. 648.) Because the updated evaluations are primarily evidentiary or informational, the district attorney should not be compelled to accept them but should be able, if desired, to retain experts in response. If the district attorney is not permitted to retain experts, then updated evaluations favorable to the defendant could become dispositive rather than evidentiary or informational.
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