Carty

I. FACTS AND PROCEDURAL HISTORY

A. California’s Sexually Violent Predators Act

California’s SVP Act requires that a prisoner who was pre- viously convicted of certain enumerated violent sex crimes be evaluated by the Department of Corrections, the Board of Prison Terms, and the California Department of Mental Health six months before being released from prison to deter- mine whether the prisoner may be a potential SVP. See Cal. Welf. & Inst. Code § 6601(a)(1). This screening involves review of the prisoner’s background and criminal record. See id. § 6601(b). If the Department of Corrections concludes that CARTY v. NELSON 14205 the prisoner is likely to be an SVP, the prisoner is referred to the Department of Mental Health for a “full evaluation” to determine whether the prisoner meets the other criteria in the SVP Act. See id.

This full evaluation must be conducted in accordance with a standardized assessment protocol by at least two practicing psychiatrists or psychologists designated by the Department of Mental Health. See id. § 6601(c) & (d). The two evaluators must agree that the prisoner has a mental disorder and is dan- gerous within the…