Cooley

The Sexually Violent Predators Act (SVPA) (Welf. & Inst. Code, § 6600 et seq.) allows for the involuntary commitment of certain convicted sex offenders, whose diagnosed mental disorders make them likely to reoffend if released at the end of their prison terms. The issues we address here arise out of the provision of the SVPA that requires the superior court to hold a “probable cause hearing” as the initial step in the judicial process required to civilly commit a potential sexually violent predator (SVP). (§ 6602, subd. (a).)

Here, after a probable cause hearing was conducted pursuant to section 6602, subdivision (a), the superior court dismissed a petition filed by the District Attorney of Los Angeles County alleging that real party in interest, Paul Marentez, was an SVP. The Court of Appeal vacated the superior court’s order and set the matter for trial.

We now resolve several issues related to the scope and substance of the probable cause determination required.by section 6602, subdivision (a), and we determine whether the Court of Appeal correctly decided that there was sufficient evidence to establish probable cause to believe that Marentez was likely to engage in…