Right to Remain Silent During Mental Health Evaluation In Prison

Section 6601 authorizes the Department of Mental Health to conduct a full mental health evaluation of any inmate the Department of Corrections determines is likely to be an SVP. ( 6601, subds. (b) & (c).) at least two mental health professionals then evaluate the inmate in accordance with standardized assessment protocol. ( 6601, subds. (c) & (d)). The protocol requires "assessment of diagnosable mental disorders, as well as various factors known to be associated with the risk of reoffense among sex offenders. Risk factors to be considered shall include criminal and psychosexual history, type, degree, and duration of sexual deviance, and severity of mental disorder." ( 6601, subd. (c)). Defendant maintains that the court denied him the constitutional right to remain silent by: (1) allowing the psychologists who testified as expert witnesses to rely on material from interviews he gave under duress; (2) allowing the district attorney to call him as a witness at trial. Because the Sexually Violent Predators Act involves a civil proceeding (Hubbart, supra, 19 Cal. 4th at pp. 1170-1174, 1179), we resolve these questions against defendant under Allen v. Illinois (1986) 478 U.S. 364. " 'neither the statements of an accused to the psychiatrists appointed under section 1369 nor the fruits of such statements may be used in trial of the issue of . . . guilt, under either the plea of not guilty or that of not guilty by reason of insanity.' " (People v. Arcega (1982) 32 Cal. 3d 504, 520 186 Cal. Rptr. 94, 651 P.2d 338, quoting Tarantino v. Superior Court (1975) 48 Cal. App. 3d 465, 470 122 Cal. Rptr. 61; see also Estelle v. Smith (1981) 451 U.S. 454 101 S. Ct. 1866, 68 L. Ed. 2d 359).