Ciancio

In this case of first impression, we address the issue of whether male alleged sexually violent predators (alleged SVP’s) under the Sexually Violent Predators Act (SVPA or Act) (Welf. & Inst. Code, § 6600 et seq.), who were released from prison and are being detained pending trial in the Los Angeles County jail (county jail), are entitled to appropriate housing outside the county jail and psychiatric treatment under the SVPA. Such treatment is not currently provided at the county jail. The alleged SVP’s, who were at different stages of pretrial proceedings, filed motions contending that their detentions in the county jail violated the SVPA and Penal Code sections 1610 and 4002 because they were not afforded any psychiatric care or treatment when confined in the county jail. They sought housing in Atascadero State Hospital (ASH) or a local mental hospital or psychiatric facility which could provide such treatment.

After hearing on the motions, the court issued an order on June 25, 2002, directing that all alleged SVP’s being detained in the county jail pending trial were entitled to the opportunity to receive psychiatric care and treatment, that such treatment was to be…