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What Is the Definition of a Sexually Violent Predator?
The Sexually Violent Predator (SVP) statute in California defines offenders as:
- Those who have committed crimes of a sexually perverted nature in relation to two or more victims
- Individuals who has been diagnosed with a mental disorder that makes them a danger to others and likely to commit a sexually violent act
Such persons are evaluated and determined that they are likely to repeat similar sexual offenses if allowed release into the community prior to treatment.
What Happens If Someone is Designated a Sexually Violent Predator?
The Department of Mental Health works with the California Department of Corrections and Rehabilitation to evaluate and place criminally accused inmates to determine if they suffer from a mental disorder.
If insanity or mental incapacitation is acknowledged, then the establishments set forth in the Lanterman-Petris-Short Act will be used to civilly commit offenders to a mental health institution. Offenders found to be sexually violent predators can be held on civil commitments potentially for the rest of their lives.
Should I Hire an Attorney?
In some cases, mentally ill persons will be recommended (by the Department of Mental Health) to commitment in the state and county of their last conviction. In these cases, a judge will be employed to determine probable cause and a trial will be set as is necessary.
Mental health disability rights exist specifically to protect those who lack the mental capacity to protect themselves. In situations in which an SVP conviction and standard two-year commitment term are at stake, there is no better time to acquire the legal support and guidance of a practicing mental health attorney.
Protect your rights with the help of an associate from our firm. Contact a Southern California sexually violent predator defense attorney today!
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