Orey

Introduction

By petition for writ of mandate/prohibition, Trampas Orey challenges the respondent court’s order denying his motion to dismiss a commitment petition filed against him pursuant to the Sexually Violent Predator Act (SVPA), Welfare and Institutions Code section 6600 et seq. 1 He argues the respondent 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, Orey 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. While we agree with Orey that the 45-day hold was issued without good cause as defined in section 6601.3(b), we conclude the hold resulted from a good faith mistake of law. We therefore deny the petition for writ of mandate/prohibition.

Overview of the SVPA Screening and Evaluation Process

The SVPA provides for involuntary civil commitment of an…