California Court of Appeal

Petition for writ of habeas corpus relief from designation as a Sexually Violent Predator (SVP) is granted where by 'undesignating' an evaluator who determined petitioner was not an SVP, rather than appointing two independent professionals to make their own determinations pursuant to section 6601(e), the department failed to comply with section 6601. However, the department's failure to comply with the statute does not warrant dismissal of the SVPA petition and release of petitioner from custody. Rather, the proper relief here is to direct the department to follow the commands of section 6601 and appoint two independent professionals to evaluate petitioner.

Appellate Information

• Published 2017/06/12

Judges

• ROBIE

Court

• California Court of Appeal

Counsel