In Re Hovanski

This petition for habeas corpus comes before us after the California Supreme Court issued an order requiring the secretary of California’s Department of Corrections and Rehabilitation (CDCR) to show cause before this court why petitioner Thomas Hovanski should not be granted relief, based upon CDCR’s extension of parole past his parole discharge date by placing a hold on him pursuant to Welfare and Institutions Code section 6601.3. Section 6601.3 authorizes the Board of Parole Hearings (BPH) to order that an inmate referred to the State Department of Mental Health (DMH) for evaluation as a potential sexually violent predator (SVP) “remain in custody for no more than 45 days beyond the person’s scheduled release date for full evaluation pursuant to [the SVPA].”

Hovanski was serving the last day before his parole discharge date when BPH ordered a hold placed on him under section 6601.3 (45-day hold). A month later, the district attorney filed a petition seeking to commit him as an SVP.

Hovanski contends section 6601.3 does not authorize the extension of custody beyond his parole discharge date; that section 6601.5, not section 6601.3, was the sole means by which CDCR…