Wollschlager

Certified for Partial Publication. [*]

A person who, among other things, has "a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior" may be civilly committed under the Sexually Violent Predators Act (SVPA). (Well & Inst.Code, § 6600, subd. (a).) [1]

CALJIC No. 4.19 states in part, "The term `sexually violent predator' means a person who, (1) has been convicted of a sexually violent offense against two or more victims for which he or she received a [determinate] sentence, and (2) has a diagnosed mental disorder that makes him or her a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent [predatory] criminal behavior. [¶] ... [¶] `Diagnosed mental disorder' includes a congenital or acquired condition affecting the emotional or volitional capacity that predisposes the person to the commission of criminal sexual acts in a degree constituting the person a menace to the health and safety of others." (CALJIC No. 4.19 (2002 rev.) (6th ed.1996 pocket pt.).)

Here we hold the language of the…