In re Snyder

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The California Department of State Hospitals (department) designated two psychologists (Dr. Robert Karlsson and Dr. Marcia Asgarian) to evaluate petitioner Douglas Snyder to determine whether he was a sexually violent predator (SVP) as defined in the Sexually Violent Predator Act (SVPA). Dr. Karlsson determined Snyder was an SVP; Dr. Asgarian determined he was not. Before the department deemed Dr. Asgarian’s report final, the department determined that her report did not meet minimum quality standards pursuant to the department’s quality assurance processes and could not be revised to meet those standards with the time available. The department “undesignated” her, revoked her report, and designated a third psychologist (Dr. Douglas Korpi) to take her place as the second evaluator. After Dr. Korpi determined Snyder was an SVP, the director of the department requested that the Sacramento County District Attorney file a petition for Snyder’s commitment under the SVPA, which the district attorney did. When Snyder’s attorney learned about Dr. Asgarian’s report during the course of the probable cause hearing on the SVPA petition, he moved to dismiss the petition based on the department’s failure to arrange for two independent professionals to evaluate Snyder under the Act. The Court of Appeals concluded the department’s quality assurance processes were not consistent with section 6601 because they were not part of the standardized assessment protocol mandated by the statute. Nothing in section 6601, or any other part of the SVPA, allowed an evaluator’s supervisor to undesignate an evaluator because the supervisor questioned the report's quality. However, the department’s failure to comply with the statute did not warrant dismissal of the SVPA petition and release of Snyder from custody. Rather, the proper relief here was to direct the department to follow the commands of section 6601 and appoint two independent professionals to evaluate Snyder. View "In re Snyder" on Justia Law