Supreme Court of California

A petition seeking designation of a person as a Sexually Violent Predator cannot be filed unless two specifically-designated mental health professionals have agreed that the person has a "diagnosed mental disorder" and "is likely to engage in acts of sexual violence without appropriate treatment and custody"; standard is met if person presents a "substantial" danger, but such a conclusion is erroneous if an evaluator cannot say risk of danger is less than 50 percent.

Appellate Information

• Decided 04/25/2002
• Published 04/25/2002

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
•  Bill Lockyer, Attorney General, and Robert R. Anderson, Chief Assistant Attorney General, for Petitioner., Joseph L. Spaeth, Public Defender, Frank J. Cox, Chief Deputy Public Defender, and Edward J. Farrell, Deputy Public Defender, for Real Party in Interest.,  Ron Boyer, Deputy Public Defender (Contra Costa);  Jean F. Matulis;  and John Philipsborn for California Attorneys for Criminal Justice and California Public Defenders Association as Amici Curiae on behalf of Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.