People v. Super. Ct. (Troyer)

Under the Sexually Violent Predator Act (SVPA or the Act; Welf. & Inst. Code, § 6600 et seq.), a convicted sex offender may be declared a sexually violent predator (SVP) and civilly committed upon completion of the criminal sentence. A petition to commit someone under the Act may be filed in the superior court only if two mental health evaluators agree that the person in question is an SVP and is likely to engage in acts of sexual violence without appropriate treatment and custody. (§ 6601, subds. (d)-(i).)

After a commitment petition is filed, the superior court holds a hearing to determine if there is “probable cause to believe that the individual ... is likely to engage in sexually violent predatory criminal behavior upon his or her release.” (§ 6602, subd. (a).) If the court finds probable cause, the court orders a trial to determine whether the person is an SVP. (Ibid.)

In People v. Superior Court (Ghilotti) (2002) 27 Cal.4th 888 [ 119 Cal.Rptr.2d 1 , 44 P.3d 949 ] (Ghilotti), the Supreme Court held that, although not expressly authorized by statute, the superior court may review an evaluator’s report before the probable cause hearing to determine whether, “on its…