Turner

This case raises the issue of the circumstances under which an individual may be found to be a sexually violent predator under the Sexually Violent Predators Act (SVPA) after a jury has previously determined the person was not a sexually violent predator and the district attorney then files a new commitment petition after a new custodial term resulting from a parole revocation. We conclude that although the prior jury determination does not necessarily bar a subsequent SVPA petition after a new custodial term, in the subsequent proceeding the People may not relitigate the finding that the individual was not a sexually violent predator at the time of the prior release. Therefore, to establish probable cause on the subsequent petition, the district attorney must present evidence of changed circumstances affecting this factual determination.

Applying these principles, we determine the district attorney did not present sufficient evidence of changed circumstances to support a finding of probable cause to believe James William Turner was a sexually violent predator at the time of his scheduled release from his parole revocation custody. We therefore issue a writ ordering the…