In Re Lucas

Michael P. Judge, Public Defender, Albert J. Menaster, Karen King and Jack T. Weedin, Deputy Public Defenders, for Real Party in Interest Christopher Sharkey in No. S182355.

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?

(1) 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).) [1]

(2) 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. [2]

(3) Reading these sections together, then, the statute provides that, to be…