In re Tellez

Opinion of the Court by Evans, J.

Under the Sexually Violent Predator Act (SVPA) (Welf. & Inst. Code,1 § 6600 et seq.), a person who has been convicted of a qualifying sexual offense linked to a diagnosed mental disorder may be civilly committed to a state hospital for treatment upon completion of the person’s prison term. The SVPA defines “[d]iagnosed mental disorder” as “includ[ing] a congenital or acquired condition affecting the emotional or volitional capacity that predisposes the person to the commission of criminal sexual acts in a degree constituting the person a menace to the health and safety of others.” (§ 6600, subd. (c).) There is no statutory limit on the amount of time a person may be committed to a state hospital for treatment under the SVPA. (See § 6604.) Petitioner Victor Raul Tellez was charged with three counts of violating Penal Code section 288, subdivision (a) (lewd or lascivious act upon a child), and faced a maximum prison term of 12 years. As part of a plea deal, and on the advice of his attorney, Tellez pleaded guilty to a single felony violation of Penal Code section 288, subdivision (a), and was sentenced to three years in prison. Penal Code section…