Cooley

In proceedings authorized by Welfare and Institutions Code section 6600 et seq., the district attorney petitions for an extraordinary writ of mandate. He seeks an order directing the trial court not to hold a scheduled probable cause hearing on a petition to recommit real party as a sexually violent predator. We conclude that the trial court correctly interpreted the Sexually Violent Predators Act as ensuring real party in interest a probable cause hearing, and so deny the petition.

Facts and Procedural History

Real party in interest Dwayne Edwards was civilly committed as a sexually violent predator (SVP) on July 6, 1998. That is, a jury found he had been convicted of a sexually violent offense against two or more victims and that he suffered from a mental disorder making him likely to engage in sexually violent criminal behavior. (§ 6600, subd. (a).) He was committed for a period of two years, the maximum allowed under the SVP statute, to Atascadero State Hospital, where he was to receive a program of treatment. (§§ 6604.1, subd. (a), 6606, subd. (a).) As the commitment period drew to a close, the district attorney filed a petition to commit Edwards for another…