Divisions and Programs

Sexually Violent Predators

The BPH reviews the background and history of inmates convicted of specific sexual offenses to identify those who may be identified as sexually violent predators.  Those who meet criteria established in the law are referred to the Department of Mental Health (DMH) for clinical evaluations.  They may, in turn, be referred to county Districts Attorney, who may petition the courts for civil judgments that commit the inmate to a psychiatric facility for counseling and treatment after they have served the sentence for their initial conviction.

The initial screening is conducted by the Department of Corrections and Rehabilitation and the BPH.  If the case is forwarded to the DMH, two clinical evaluators must agree that the inmate meets the criteria that define sexually violent predators before the case is passed on to a District Attorney.

The criteria for commitment as a sexually violent predator includes:

• conviction of specific, violent sexual crimes involving at least one victim
• agreement between two clinical evaluators that the inmate has a mental disorder that likey will cause the person to commit a new violent sexual crime

The District Attorney may petition the court for a jury trial that could determine that the inmate be committed to a state psychiatric hospital for up to two years of treatment.  The inmate is evaluated at least once each year during this commitment and may petition the court to be released to the community.  At the end of the two year commitment, the inmate is evaluated by the court.  That could result in a trial that orders a another two years of commitment.

If the District Attorney does not petition the court for civil commitment, the inmate is released to parole, where treatment in a community facility is often a condition of parole.

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