People v. Superior Court (Preciado)

Opinion

BENKE, J.

In this case we find that although a petition alleging that a person is a sexually violent predator (SVP) within the meaning of the Sexually Violent Predators Act (SVPA or Act) (Welf. & Inst. Code, § 6600 et seq.) 1 should not be filed until two psychotherapists have evaluated the alleged SVP and found that his condition meets the requirements of the Act, a failure to do so may be cured by the People after the petition is filed. Thus, in this case, where the People’s petition was timely and the required evaluations were performed prior to the end of the alleged SVP’s previous…