In Re Parker

In this action we are asked to determine the nature of the hearing provided for under Welfare and Institutions Code 6602 of the recently enacted Sexually Violent Predators Act (the Act) (§ 6600 et seq.) to determine if there is “probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon his or her release.” (§ 6602.) Here, the trial court, over the objection of Leon Parker’s counsel, determined there was probable cause to hold Parker for trial as a potential “sexually violent predator” (SVP) under the Act after a facial review of the petition and its attachments, following an earlier superior court judge’s ruling that a full evidentiary hearing was not required under section 6602. Because we conclude that a probable cause hearing under this section requires more than a mere “paper review” in this case, we grant the petition and remand to the trial court to conduct an appropriate hearing in accordance with this opinion.

Background

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Summary of the Act

The Act, contained in sections 6600 through 6608, was enacted October 11, 1995, effective January 1, 1996. (Stats. 1995, chs. 762, §3, 763,…