People v. Christman 9/10/4 CA1/4

I.

INTRODUCTION

The Sexually Violent Predator Act (SVPA) (Welf. & Inst. Code, § 6600 et seq.) provides that, under certain circumstances, a person who has been committed as a sexually violent predator (SVP) may thereafter be conditionally released into the community under a program of outpatient supervision and treatment. (See §§ 6608-6609.3.) The SVPA also provides that certain conditionally released SVPs who have a history of sexual misconduct with children “shall not be placed within one-quarter mile” of a school providing instruction to children from kindergarten to grade 12. (§ 6608.5, subd. (f).) However, the statute does not specify the method a court should use to measure the distance between the SVP’s placement, or residence, and the school.

In the sole assignment of error, Contra Costa County asserts the trial court incorrectly used the “closest practical walking distance” instead of using a straight line to measure the distance between the residence of Charles Leroy Christman (Christman), an adjudicated SVP who falls within the provisions of section 6608.5, subdivision (f), and a nearby elementary school. Computing the distance between Christman’s residence…