People v. Superior Court (Gary)

Introduction

The Sexually Violent Predators Act (SVPA or the Act) was enacted October 11, 1995, effective January 1, 1996, and codified in Welfare and Institutions Code section 6600 et seq. (Stats. 1995, chs. 762, 763.) In section 1, the Legislature set forth its findings and summarized the purpose of the new law, which was to identify an extremely dangerous group of violent sexual predators likely to engage in acts of sexual violence upon release from prison, and commit them for treatment.

A “sexually violent predator” (SVP) is “a person who has been convicted of a sexually violent offense against two or more victims for which he or she received a determinate sentence and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior.” (§ 6600, subd. (a).) Sexually violent offenses, for purposes of the SVPA, are listed in section 6600, subdivision (b).

If the Director of the Department of Corrections determines that a prisoner may be an SVP, the director shall refer that person for an initial screening evaluation at least six months prior to his…