Brown

Introduction

By petition for writ of mandate/prohibition, Lawrence Brown challenges the respondent court’s order denying his motion to dismiss a commitment petition filed against him pursuant to the Sexually Violent Predator Act, Welfare and Institutions Code section 6600 et seq. (SVPA). 1 He argues the court erred because the SVPA commitment petition was not filed while he was in lawful custody under section 6601, subdivision (a)(2) (section 6601(a)(2)).

When the SVPA commitment petition was filed, Brown was in custody pursuant to a 45-day hold under section 6601.3, subdivision (a) (section 6601.3(a)). He contends the hold was invalid because it was issued without the requisite good cause defined in section 6601.3, subdivision (b) (section 6601.3(b)) and was not the result of a good faith mistake of fact or law.

We conclude good cause under section 6601.3(b) supported the 45-day hold and therefore deny Brown’s petition for writ of mandate/prohibition. Brown had been returned to custody following revocation of his parole and sentenced to a 90-day term for a parole violation. As a result, when *66 Brown was referred for a full evaluation under section 6601, subdivisions…