Supreme Court of California

The trial court was not required to dismiss a Sexually Violent Predator Act (SVPA) civil commitment where the Office of Administrative Law determined that the initial evaluations supporting the petition were conducted under an assessment protocol that did not comply with its procedural requirements; instead, an alleged sexually violent predator (SVP) must show that any fault that did occur under the assessment protocol created a material error. The Court of Appeal erroneously dismissed the SVPA commitment petition under these circumstances without requiring a finding of material error.

Appellate Information

• Decided 08/19/2013
• Published 08/19/2013

Judges

• CHIN

Court

• Supreme Court of California

Counsel