Yartz

[EDITORS' NOTE: REVIEW GRANTED BY THE CALIFORNIA SUPREME COURT; PURSUANT TO RULES 976, 976.1 and 979 OF THE CALIFORNIA RULES OF COURT, THIS OPINION IS NOT CERTIFIED FOR PUBLICATION. THE SHADED TEXT BELOW REPRESENTS THE ORIGINAL OPINION AND IS PROVIDED FOR REFERENCE PURPOSES ONLY.] The Sexually Violent Predator Act (Welf. Inst. Code, § 6600 et seq.) provides that, when the director of the Department of *Page 1662 Corrections determines that a state prisoner may be a sexually violent predator, "the director shall, at least six months prior to that individual's scheduled date for release from prison, refer the person for evaluation" to "determine whether the person is a sexually violent predator [SVP] as defined in [the act]." (Welf. Inst. Code, § 6601 , subds. (a)(1) (c).) If, in a court or jury trial, the inmate is found to be an SVP, he or she may be committed for two years to the custody of the Department of Mental Health for appropriate treatment and confinement in a secure facility upon expiration of the prison term. (Welf. Inst. Code, § 6604 ) To establish that the inmate is an SVP, the People must prove beyond a reasonable doubt that the inmate (1) "has been convicted of a…