In Re the Care & Treatment of Harvey

Appellant Peter E.J. Harvey appeals his 1999 commitment pursuant to the South Carolina Sexually Violent Predator Act (“the SVP Act”). See S.C.Code Ann. § 44418-10 et seq. (2002). He also appeals from his 2000 annual review trial. See § 44-48-110. We reverse the 1999 order of commitment and remand.

PROCEDURAL BACKGROUND

As a juvenile, Harvey was adjudicated delinquent in 1994 for committing first degree CSC with a minor. In 1998, at age 19, he was paroled. Within weeks of being paroled, the State petitioned for Harvey’s commitment under the SVP Act. In February 1999, a bench trial was conducted,…