People v. Superior Court

While two petitions to extend real party in interest Alan Rigby’s commitment as a sexually violent predator (SVP) were pending, the trial court granted Rigby’s request to petition the court for conditional release pursuant to Welfare and Institutions Code section 6608. 1 Petitioner, the Orange County District Attorney (the District Attorney), contends the trial court’s order permitting Rigby to petition for conditional release while not currently committed under the Sexually Violent Predators Act (SVPA) was an act in excess of the court’s jurisdiction. We agree.

HISTORY OF THE CASE

In December 1997, the District Attorney filed the original petition to commit Rigby as an SVP pursuant to section 6604. In November of the following year, a jury found beyond a reasonable doubt that Rigby met the *860 qualifications of an SVP and a trial court ordered him committed to a secure facility for a period of two years. Prior to the expiration of his commitment, the District Attorney filed a second petition to extend Rigby’s commitment, and a third petition before the expiration of the second petition. The second and third petitions were consolidated for trial, and on December 30,…