Sexually Violent Predators Act

Thesaurus

						iLawDictionary.Com			USAConstitution Law
						California			Law Students-USL
						Law Dictionary			BankruptcyCode.US
						Appeals-Mootness			United States Law.US

US Codes

State Codes

Evidence

Law Students-USL

Federal Rules of Evidence

Medical Dictionaries

A Legal and Business Portal
A Legal and Business Portal

California
Law Dictionary

A - Aa - Ab - Ac - B- C- D - E- F - G - H -I- J - L - M- N - K to Z

Criminal Law-Sexually Violent Predators Act-Welf. & Inst. Code, § 6600
(In re Wright)

We begin our analysis with an overview of the applicable law. The Act allows for the involuntary civil commitment of individuals who, as a result of a diagnosed mental disorder, are likely to continue engaging in sexually violent criminal behavior even after serving a prison sentence. (Hubbart v. Superior Court (1999) 19 Cal.4th 1138, 1143-1144.) As recognized by our high court, the Legislature envisioned a narrowing process when it drafted the Act by providing for both a preliminary probable cause hearing and a later trial. (People v. Hurtado (2002) 28 Cal.4th 1179, 1189.) As a procedural prerequisite to the filing of a petition commencing SPV proceedings, the Director is required to obtain concurring opinions of two evaluators that the individual has "a diagnosed mental disorder so that he or she is likely to engage in acts of sexual violence without appropriate treatment and custody[.]" (§ 6601, subd. (d) & (f).) State employees that are either practicing psychiatrists or psychologists may conduct the initial evaluations. (§ 6601, subd. (d).) If these individuals disagree, the Director must appoint two "independent professionals" to perform a secondary evaluation on the individual using the same criteria. (§ 6601, subd. (e) & (f).)

The Act sets forth further requirements for these "independent professionals" including that they have at least five years of experience in the diagnosis and treatment of mental disorders, that they not be state government employees and that any licensed psychologists have a "doctoral degree in psychology." (§ 6601, subd. (g).) If the "independent professionals" agree that the individual meets the SVP criteria and the "Department of Mental Health determines that the person is a sexually violent predator as defined in this article," the Director shall request that the county's designated counsel file a commitment petition. (§ 6601, subd. (h).) Copies of the evaluation reports and other supporting documents must be made available to the county's designated counsel (§ 6601, subd. (h)) and a petition can only be filed if counsel agrees with the recommendation. (§ 6601, subd. (i).) The Act does not require that the evaluations be alleged or appended to a petition. (People v. Superior Court (Preciado) (2001) 87 Cal.App.4th 1122, 1128.)

"The filing of the petition triggers a new round of proceedings under the Act." (Hubbart v. Superior Court, supra, 19 Cal.4th at p. 1146.) A superior court judge must then review the petition and determine "whether there is probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon his or her release." (§ 6602, subd. (a).) The individual is entitled to an attorney and, if no probable cause is found, the petition is dismissed. (Ibid.) However, if the court finds probable cause, i.e., a reasonable suspicion, that the person is likely to engage in sexually violent predatory criminal behavior upon release, it must keep the person in custody and order a trial to determine whether the person is an SVP under section 6600. (Ibid.; People v. Hurtado, supra, 28 Cal.4th at p. 1189.)

At trial, the individual is entitled to counsel, access to all relevant medical and psychological records and reports and has the right to retain experts to perform an examination on his or her behalf. (§ 6603, subd. (a).) Either party may demand a trial by jury (§ 6603, subds. (a) & (b)) and any jury must unanimously decide whether the requirements for classification as an SVP have been established "beyond a reasonable doubt." (§§ 6603, subd. (f), 6604.) If the state does not satisfy its burden of proof, the person is released from prison when his or her term expires. (§ 6604.)

In re Wright-D044976- 4/19/05-CA4/1-inefective_counsel

Apr 19 2005

D044976
[PDF] [DOC]

In re Wright 4/19/05 CA4/1

A - Aa - Ab - Ac - B- C- D - E- F - G - H -I- J - L - M- N - K to Z
Bruton v. United States, supra, 391 U.S. 123 [20 L.Ed.2d 476]
California: Authoritative-Law Dictionary: Table of Contents
Glossaries Directory Table of Contents
Thesaurus Directory
Dictionaries Directory Table of Contents