Sexually Violent Predator (SVP) Parole Hearings in CA: Criminal Defense Attorney Explain WIC 6600 Law

Sexually violent predator, or SVP, is the named status given to some California state prisoners who were convicted of the most serious of sex crimes and who cannot be released into society and onto parole because of their likelihood of recidivism as determined by a mental health professional just prior to release from prison.

The status of being a “sexually violent predator,” if any, is determined by mental health professionals just prior to release from prison. If the prisoner is determined to be a danger to the community, then he or she will not be released on parole, but rather, he or she will be committed to a mental hospital per a civil commitment order (WIC 6600)

It is the Board of Parole Hearing (BPH) that makes the request for a determination by mental health professionals as to whether the prisoner should be declared a sexual violent predator (SVP), and therefore, committed to a mental hospital, as opposed to being released on parole from prison.

If the prison inmate’s underlying crime is a sex crime listed Welfare & Institutions Code (WIC) 6600, and the BPH suspects that the prisoner is likely to reoffend if he or she is released from prison, then the BOC may request a hearing to have the court designate the state prisoner as a sexually violent predator (SVP).

The list of felony sex crimes that trigger a sexually violent predator (SVP) status include forced sex offenses, such as:

Kidnap for Sex Crime, Sexual Assault, Rape by Force or Fear, Rape in Concert, Sexual Assault of a Child, Sodomy by Force or Fear, Oral Copulation Crimes, Lewd Act on Child Less than Fourteen, Lewd Act by Force on Child Less than Fourteen, Continuous Sexual Abuse of Child Less Than Fourteen, and Sexual Penetration.

Mental Disorder Required: Before the court designates the prisoner as a sexually violent prisoner, the court must find that the prisoner suffers from a recognized mental disorder that makes recidivism more likely.

The Process for Designation

If the defendant is serving a prison sentence for one of the sexually violent offenses listed above, then the BPH will do an early screening just prior to possible parole release for the prisoner.

The screening is to determine if the prisoner suffers from a mental disorder that might increase the risk of recidivism if the prisoner is released into society on parole. If so, the BPH will refer the inmate for further screening with the California Sex Offender Management Board (CSOMB).

Thereafter, the CSOMB will request that the Department of Corrections and Rehabilitation (DCR) hold the prisoner for up to forty-five days beyond the prisoner’s scheduled parole date, during which time, the prisoner will be evaluated by two psychologists or psychologist from the Department of Mental Health (DMH) to determine whether the prison inmate suffers from a mental disorder that will make it likely that the prisoner will reoffend if released to parole.

If mental health professionals disagree about the prisoner’s mental health disorder, the DMH will order a second review with two new mental health professionals.

If mental health professionals agree that the prisoner will likely reoffend if released into society, then the prisoner will be designated as a sexually violent predator (SVP) and he or she will be committed to mental health facility with further reviews every twelve months.

If mental health professionals agree that the prisoner does not pose a risk to society regardless of a mental health disorder, then the prisoner will be released to parole as scheduled.

Hearing Rights: The prisoner has a right to a contested court hearing on the issue of whether he should be classified as a sexually violent predator (SVP).

The prison inmate has a right to either a court hearing or a jury trial on the issue of whether he should be classified as a sexually violent predator (SVP). The prisoner also has a right to use a criminal defense lawyer to assist him or her at the hearing and the right to call witnesses in his or her defense, including psychiatrists and/or psychologists.

At the hearing to determine whether the prisoner should be declared a sexually violent prisoner (SVP), the district attorney must prove beyond a reasonable doubt, that 1) the prisoner was convicted of a crime listed in the sexually violent predatory statute (see above, 2) the prisoner suffers from a mental health disorder, and 3) the prisoner is likely to reoffend because or his or her mental health disease of defect of the mind.

Modified Parole Conditions: If the prisoner was committed to a mental hospital as a sexually violent predator (SVP), and then he or she is released onto parole after his or her SVP diagnosis changes to non-SVP, the CDCR will require special conditions of parole release, including possible GPS monitoring, mandatory sexual offender therapy classes, mandatory polygraph examinations, and more.

Sexually Violent Predator Law

WIC 6600(a)(1): 'Sexually violent predator” means a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior.

WIC 6600(b): 'Sexually violent offense” means the following sex crimes when committed by force, violence, duress, menace,… a felony violation of  PC 261, 262, 264.1, 269, 286, 287, 288a, 288, 288.5, or 289 of, or any felony violation of kidnapping or sexual assault (207, 209, or 220)..., committed with the intent to commit PC 261, 262, 264.1, 286, 287, 288, or 289… (WIC 6600(b) Abbrev.).

WIC 6600(c): 'Diagnosed mental disorder” includes a congenital or acquired condition affecting the emotional or volitional capacity that predisposes the person to the commission of criminal sexual acts in a degree constituting the person a menace to the health and safety of others."

WIC 6600(e): 'Predatory” means an act is directed toward a stranger, a person of casual acquaintance with whom no substantial relationship exists, or an individual with whom a relationship has been established or promoted for the primary purpose of victimization.

WIC 6600.1: If the victim of an underlying offense that is specified in subdivision (b) of Section 6600 is a child under the age of 14, the offense shall constitute a “sexually violent offense...." (WIC 6600.1 Abbrev.).

WIC 6601(d): ...the person shall be evaluated by two practicing psychiatrists or psychologists..., designated by the Director of State Hospitals (DSH). If both evaluators concur that the person has a diagnosed mental disorder so that the person is likely to engage in acts of sexual violence without appropriate treatment and custody, the DSH shall forward a request for a petition for commitment…, WIC 6601(d) Abbrev.).

WIC 6601(e): If one of the professionals performing the evaluation… does not concur that the person meets the criteria…, but the other professional concludes that the person meets those criteria, the Director of State Hospitals shall arrange for further examination of the person by two independent professionals…, (WIC 6601(e) Abbrev.).

WIC 6601.3(a): Upon a showing of good cause, the Board of Parole Hearings may order that a person referred to the State Department of State Hospitals… remain in custody for no more than 45 days beyond the person’s scheduled release date for full evaluation… (WIC 6601.3 Abbrev.).

WIC 6603(a): A person subject to this statute is entitled to a trial by jury, to the assistance of an attorney, to the right to retain experts or professional persons to perform an examination on the person’s behalf, and to have access to all relevant medical and psychological records and reports…. (WIC 6603(a) Abbrev.)

WIC 6603(f): If the person subject to this article or the petitioning attorney does not demand a jury trial, the trial shall be before the court without a jury.

WIC 6603(g): A unanimous verdict shall be required in any jury trial.

WIC 6604.9(a): A person found to be a sexually violent predator (SVP) and committed to the custody of the State Department of State Hospitals shall have a current examination of his or her mental condition at least once every year.... The person may retain or, if he or she is indigent and so requests, the court may appoint, a qualified expert or professional person to examine him or her.... (WIC 6604.9(a) Abbrev.).

For more information on California’s sexual violent predator statute, or WIC 6600, contact our criminal defense lawyers for a free consultation.

Our team of award-winning crimes criminal defense lawyers have successfully helped thousands of defendant charged all felony and misdemeanor sex crime in the courts and cities of San Bernardino, Riverside, Los Angeles, and Orange Counties.

909-913-3138

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Sexually Violent Predator (SVP) Parole Hearings in CA: Criminal Defense Attorney Explain WIC 6600 Law