People v. Superior Court

These consolidated cases raise the following question: Under the statutes and regulations applicable here, what showing must be made to postpone the filing of a sexually violent predator (SVP) petition beyond the inmate’s scheduled release date to allow for the completion of a full SVP evaluation?

A petition to commit a person as an SVP may be filed only “if the individual was in custody pursuant to his or her determinate prison term, parole revocation term, or a hold placed pursuant to Section 6601.3, at the time the petition is filed.” (Welf. & Inst. Code, § 6601, subd. (a)(2).)

*844 The hold procedure of section 6601.3 allows that, “[u]pon a showing of good cause,” the Board of Parole Hearings (Board) may issue a hold to extend the custody of a possible SVP “for no more than 45 days beyond the person’s scheduled release date” in order to complete the evaluation required to support a commitment petition.

Reading these sections together, then, the statute provides that, to be timely, a petition must be filed while the inmate is in lawful custody. The lawful custody period extends up to the release date. However, an inmate may be held for up to 45 days beyond the…

Under California law, a petition to commit a person as a sexually violent predator must be filed while the person is in lawful custody. (Welf. & Inst. Code, § 6601, subd. (a)(2); unless otherwise indicated, all further statutory references are to the Welfare and Institutions Code.) In 2000, the Legislature imposed a requirement on what is now the Board of Parole Hearings (Board) that “good cause” be shown before extending the custody period up to “45 days beyond the person’s scheduled release date . . .” (§ 6601.3, subd. (a)), thus extending the time for filing the petition. The statute did not define the term “good cause.” That term has generally been considered as referring to “a legally sufficient ground or reason for a certain action.” (Zorrero v. Unemployment Ins. Appeals Bd. (1975) 47 Cal.App.3d 434, 439 [ 120 Cal.Rptr. 855 ].) In this case, the “certain action” to be taken pertains to extending a person’s custody. Therefore, the mention of “good cause” in section 6601.3’s subdivision (a) requires a legally sufficient reason for extending custody.

At issue here is the Board’s 2007 regulation defining good cause. The Board’s definition of good cause turns on the existence of…