Forensics: Sexually Violent Predator (SVP) Statute

Welfare and Institutions Code Section 6600-6609.3

Important California Court Decisions

  • Hubbart v. Superior Court of Santa Clara County (People), S052136, 1999 (19 Cal.4th 1138) – The California Supreme Court upheld that the civil commitment of individuals under the stature of the Sexually Violent Predator Act (SVPA) did not violate the federal or state constitutions.
  • People v. Torres, S079575, 2001 (25 Cal. 4th 680) – The court concludes that there is no requirement that the defendant’s prior crimes are “predatory acts”, which are statutorily defined as acts against a stranger, a casual acquaintance, or someone cultivated for the purpose of victimization, in order to find that he or she is a sexually violent predator.
  • People v. Superior Court of Marin County (Ghilotti), S102527, 2002 (27Cal.4th888) – The court decision includes that a sexually violent predator may be committed, or recommitted if due to a diagnosed mental disorder there is a substantial danger - that is, a serious and well founded risk that the individual is likely to engage in acts of sexual violence without the appropriate treatment and custody.