Gray

INTRODUCTION

Petitioner Kevin Gray is a sexually violent predator (SVP) (Welf. & Inst. Code,1 § 6600 et seq.) who was found suitable for conditional release (§ 6608, subds. (g)–(i)). After a prolonged housing search, real party in interest State Department of State Hospitals (the Department) and its designated program entity identified a proposed placement for Gray’s conditional release. However, real party in interest, the People, through the Stanislaus County District Attorney, opposed the proposed placement site due to its proximity to the home of a child engaged in a public charter school’s independent study program. The court determined that the child’s home constituted a “school” within the meaning of section 6608.5, subdivision (f)2 due to the child’s home-based instruction, and the location therefore was statutorily ineligible for Gray’s placement. Gray filed this petition seeking a writ of mandate commanding the respondent court to vacate its order holding that Gray’s placement at the proposed site was barred by section 6608.5, subdivision (f). He contends the court erred because the home-based independent study at issue here does not render the home a “public or private…