Peters

Peters v. Superior Court

Good Law
79 Cal. App. 4th 845·94 Cal. Rptr. 2d 350
Court of Appeal of CaliforniaMay 2, 2000B135983California1,921 words

Opinion

Opinion

Coffee, J.

Here we decide that the state may not recommit for treatment a sexually violent predator upon the basis of a single psychological evaluation. We, therefore, grant a writ of mandate.

Factual and Procedural Background

On March 12, 1997, respondent court found that petitioner James Peters met the commitment criteria for a sexually violent predator (SVP) under article 4 of the Sexually Violent Predators Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.) It ordered that Peters be committed for treatment at Atasca-dero State Hospital.

Although Peters had been treated by the state hospital for a period of two years, the California State Department of Mental Health (DMH) felt that he was still suffering from a mental disorder and posed a danger to the public. The DMH initiated proceedings to extend his commitment. (§ 6604.) Included with the new petition was a single psychological evaluation performed upon Peters by Dr. Dale Arnold, Ph.D.

Upon the request of DMH, a second psychologist, Dr. Charles Jackson, Ph.D., examined Peters. He concluded that Peters did not meet the SVP criteria, and submitted his tentative report to DMH. Before Dr. Jackson could complete his report, the…

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