A person who has committed a sexually violent offense must undergo a special evaluation before they can be released from prison.
In California, certain types of crimes may result in harsher sentences — or even additional challenges to being released from prison. This is true with sexually violent offenses, which are sex crimes that involve acts of force, violence, duress and threats of bodily injury. A person who has been convicted of a sexually violent offense may also be deemed a sexually violent predator, or SVP. This designation can affect you in a number of ways.
As a sex crimes defense attorney in Los Angeles, CA can explain, a sexually violent predator is a person who:
- Has been convicted of a sexually violent offense against one or more victims; and
- Has a diagnosed mental disorder that makes the person a danger to the health and safety of others, in that it is likely that they will engage in sexually violent criminal behavior.
Under California law, a sexually violent offense includes a number of sex crimes that include an element of force or violence. A sexually violent offense may include:
- Rape
- Unlawful sodomy
- Unlawful oral copulation
- Child molestation
- Kidnapping with the intent to commit a sex crime
- Assault with the intent to commit a sex crime
Importantly, not all people who are convicted of a sex crime are considered sexually violent predators. It is only people who meet both criteria for the SVP designation — a sexually violent offense AND a mental disorder that makes them likely to re-offend — who fall into this category.
Individuals who are convicted of a sex crime are identified as SVPs when they are incarcerated. The California Board of Parole Hearings will evaluate inmates who have been convicted of one of the above-listed sexually violent offenses to determine if they meet the criteria. This process begins approximately 6 months prior to that person’s scheduled release. If the Parole Board determines that a person is a SVP, then they are referred to the California Sex Offender Management Board for additional screening. Even if a person is scheduled to be released, they may be held for up to 45 additional days for this evaluation to be completed.
If a person is suspected to be a SVP, then the case is referred to two mental health professionals to make a final decision about whether they are are, in fact, a SVP. This includes an analysis of whether that person has a diagnosable mental disorder AND that this particular disorder makes it more likely that they will commit new sexually violent acts upon release from prison.
A person who is deemed to be a SVP will be subject to commitment through the Department of Mental Health. This occurs after a probable cause hearing before a judge to determine if there are reasonable grounds to believe that they are a SVP. A sex crimes defense attorney in Los Angeles, CA can represent an individual at this hearing.
After a person has been committed as a SVP, an annual review will be conducted. A person who has been labeled a SVP may also petition the court for a review to determine if they are ready to be released via a conditional release program. This program requires a parolee to undergo rigorous monitoring and comply with other conditions.
Being declared a sexually violent predator can have a number of consequences, including being committed for an indefinite period of time and being subjected to harsh terms of release. A skilled sex crimes defense attorney in Los Angeles, CA can represent you in a hearing to determine if you are a SVP and if commitment is appropriate. To learn more, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com.
