If you are being investigated for, or have been charged with a sexual offense, your attorney must be familiar with issues related to California’s Sexually Violent Predator laws. (California Welfare & Institutions Code section 6600, et seq.) Presently, California statutes allow a person who has been convicted of one or more sexual offenses with a current, diagnosed mental disorder such that he is likely to commit violent sexual offenses if released, to be deemed a Sexually Violent Predator. Such individuals may be civilly committed even after having served a substantial prison sentence as a result of their criminal convictions.
Sexually violent offenses may trigger the SVP law. They include Rape (Penal Code § 261), Spousal Rape (Penal Code § 262); Child Molestation (Penal Code section 288, 288.5, 289) and Assault with the Intent to Commit a Sexual Offense (Penal Code section 220).
If the California Department of Corrections indicates an inmate might be a Sexually Violent Predator, the inmate will be referred to the California Department of Mental Health for evaluation. The inmate will then be evaluated to determine whether he has a diagnosed mental disorder so that he is likely to engage in acts of sexual violence without appropriate treatment and custody. If the evaluators believe the inmate qualifies as an SVP, the District Attorney’s office may file a Petition for Commitment as an SVP.
After a petition has been filed, the Court must determine whether there is probable cause to proceed. If not, the petition will be dismissed. If so, the inmate has a right to a jury trial to determine whether he qualifies as a Sexually Violent Predator. If the jury finds that the defendant qualifies as a Sexually Violent Predator, he may be committed to a mental facility for an undetermined amount of time.
If you are charged with a sex offense, or have been charged with one in the past, you should contact an experienced criminal defense attorney. Email or call Stacie L. Patterson at (619) 269-8074.