The Procedure for Recommitment In California

Is the Procedure for Recommitment the Same As for Filing of Initial Petition for Commitent In Case of a Sexually Violent Predator ? In Butler v. Superior Court (2000) 78 Cal. App. 4th 1171 93 Cal. Rptr. 2d 468, the Court interpreted the portions of the SVPA pertinent to extending the commitment of an individual previously found to be a sexually violent predator. The Court explained that "the only reference to recommitment is contained in section 6604, which provides, in pertinent part: 'If the court or jury determines that the person is a sexually violent predator, the person shall be committed for two years to the custody of the State Department of Mental Health . . . and the person shall not be kept in actual custody longer than two years unless a subsequent extended commitment is obtained from the court incident to the filing of a new petition for commitment under this article . . . .' " (Butler, supra, 78 Cal. App. 4th at p. 1179.) The Court concluded that "the fact that the Legislature did not provide any specific procedures for the filing of a petition for recommitment indicates that it intended the recommitment procedures to be the same as the procedures for the filing of an initial petition for commitment, including the requirement that the person be evaluated by two psychologists or psychiatrists and the requirement that the DMH make available to the district attorney 'copies of the evaluation reports.'" (Butler, supra, 78 Cal. App. 4th at pp. 1179-1180,; accord, Peters v. Superior Court (2000) 79 Cal. App. 4th 845 94 Cal. Rptr. 2d 350.)