People v. Hurtado

Opinion

KENNARD, J.

Resolving a question we left open in People v. Torres (2001) 25 Cal.4th 680, 686, footnote 2 [106 Cal.Rptr.2d 824, 22 P.3d 871], *1182we hold that before a defendant can be committed or recommitted under the Sexually Violent Predators Act (Welf. & Inst. Code, § 6600 et seq. (SVPA)),1 the trier of fact must find, beyond a reasonable doubt, that the defendant is likely to commit sexually violent predatory behavior upon release. Thus, the judge or jury trying the case must determine not only whether the defendant is likely to “engage in sexually violent criminal behavior” (§ 6600,…