Butler v. Superior Court

Petitioners Michael Thomas Cheek and Allen Douglas Butler were found to be sexually violent predators under the Sexually Violent Predators Act (Welf. & Inst. Code, § 6600 et seq.) and were committed to the custody of the State Department of Mental Health (DMH) for two years. We affirmed those commitments in People v. Cheek (1999) 75 Cal.App.4th 282 [ 89 Cal.Rptr.2d 125 ], review granted December 15, 1999 (S083305), and People v. Butler (1998) 68 Cal.App.4th 421 [ 80 Cal.Rptr.2d 357 ].

Before those two-year commitments expired, the district attorney filed petitions to commit Butler and Cheek for additional two-year periods. The petitions were each supported by one evaluation from a DMH clinical psychologist. Both Butler and Cheek contend that the petitions for commitment should be dismissed because the Sexually Violent Predators Act requires the DMH conduct a “full evaluation,” (§ 6601, subd. (b)), which involves two evaluations of the person subject to commitment (§ 6601, subd. (d)), before the district attorney may file a petition for extended commitment. We agree, and therefore in each case we will issue a writ of mandate commanding the superior court to dismiss the…