Hardacre

People v. Hardacre

Good Law
109 Cal. Rptr. 2d 667·90 Cal. App. 4th 1392
Court of Appeal of CaliforniaAugust 20, 2001B143800California3,140 words

Opinion

Opinion

Coffee, J.

John Howard Hardacre was found to be a sexually violent predator (SVP) under Welfare and Institutions Code section 6600 et seq. and was committed to the state Department of Mental Health (DMH) for two years. He appeals from an order issued after the annual “show cause” hearing on his mental condition, at which the court denied his request for a full hearing on his SVP status and ordered him to remain committed for the balance of his two-year term. (§ 6605, subds. (b) & (c).)

Hardacre contends he was deprived of due process because the court denied his request for a court-appointed mental health expert to assist him at the show cause hearing. (§ 6605, subd. (a).) He also argues that he was entitled to a full hearing on his SVP status because there was probable cause to believe that his mental condition had changed and that he was no longer a danger to others. (§ 6605, subd. (d).) We affirm.

Statutory Framework

The SVP law provides for the involuntary commitment of certain sexually violent offenders for the purpose of treatment. (§§ 6600-6604.1; People v. Hedge (1999) 72 Cal.App.4th 1466, 1469 [ 86 Cal.Rptr.2d 52 ].) A commitment generally lasts two years, but the law…

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