Sexually Violent Predator Appellate Dismissal

Case Name: Macy v. Superior Court , District: 6 DCA , Case #: H037138

Opinion Date: 6/15/2012  , DAR   #: 7999

Case Holding:

Automatic dismissal of SVPA   commitment proceedings is not the appropriate remedy when original concurring   evaluations under Welfare and Institutions Code section 6601 were conducted   using an invalid regulation and updated evaluations conducted under section 6603   produced conflicting opinions regarding whether an individual meets the SVP   criteria. Petitioner's original section 6601 concurring evaluations   were conducted using an invalid regulation. Updated evaluations conducted under   section 6603 resulted in conflicting opinions regarding whether the petitioner   met the SVP criteria. Petitioner argued that the trial court was legally   obligated to dismiss his SVPA commitment proceedings under these circumstances.   The Court of Appeal denied petitioner's writ of mandate without prejudice and   refined the remedy created by In re Ronje (2009) 179 Cal.App.4th 509,   to address the situation where evaluations under section 6601 were conducted   under an invalid "underground regulation." When an individual seeks Ronje relief after a probable cause hearing but before trial, the   person must affirmatively show (1) the concurring evaluations under 6601 were   conducted using an invalid assessment protocol and (2) this error or   irregularity "reasonably might have affected the outcome" of the probable cause   hearing. If such a showing is made, the court should allow a reasonable time for   the Department of Mental Health (DMH) to obtain new evaluations using a valid   protocol. If the individual additionally establishes that the use of an invalid   assessment protocol resulted in a material defect in either of the concurring   evaluations that were the basis for filing the commitment petition, new   concurring evaluations must be produced pursuant to section 6601 to cure the   defect. Where refined Ronje relief is ordered and the DMH satisfies the   applicable requirements, the court must hold a new probable cause hearing   pursuant to section 6602. The court must dismiss the commitment petition only if   a rare situation arises where DMH does not meet these requisites. Here,   petitioner did not show that the trial court ordered the new evaluations that   produced several splits in opinion to effectuate a Ronje remedy.   Instead, it appeared that the new conflicting evaluations were generated   pursuant to section 6603, subdivision (c) and such disagreement did not mandate   dismissal.

If you or a loved one has been convicted of a sex offense, you may fall under a designation of being a sexually violent predator. Even though you might finish your prison sentence, you may be still be required to stay in a mental hospital or prison facility for the rest of your life. Contact the Law Office of George Derieg so you are aware of your rights.

George Derieg

Attorney at Law

www.eastbayattorney.com

510-355-2747