Hydrick

People v. Hydrick

Good Law
1 Cal. App. 5th 837·2016 Cal. App. LEXIS 604·205 Cal. Rptr. 3d 154
Court of Appeal of CaliforniaJuly 21, 20162d Crim. B256043California911 words

Opinion

Opinion

Gilbert, J.

*839 The Welfare and Institutions Code provides procedures the state must follow before a prisoner may be committed as a sexually violent predator (SVP). For "good cause" a prisoner may be held beyond the prisoner's release date for 45 days to complete a full evaluation to determine whether the prisoner qualifies as an SVP.

We conclude that "a full evaluation" includes the prosecuting attorney's decision to file a petition.

A jury found James Allen Hydrick to be an SVP. (§ 6600 et seq.) We affirm.

FACTS

Hydrick was convicted of various sexual offenses.

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PROCEDURAL FACTS AND DISCUSSION

I

Hydrick contends the SVP commitment *156 petition was not timely.

Hydrick's scheduled release date from his prison sentence was September 10, 2008.

On March 5, 2008, the California Department of Corrections and Rehabilitation (CDCR) sent a memorandum to the Board of Parole Hearings (Board)

*840 requesting further documentation because it did not have sufficient information to determine whether Hydrick qualified as an SVP. On August 11, 2008, the Board responded with a letter to the Department of Mental Health (DMH), stating that Hydrick met the first level SVP criteria. On August…

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