In re Lucas
Annotate this CaseThese consolidated cases raised the following question: Under the statutes and regulations applicable here, what showing must be made to postpone the filing of a sexually violent predator (SVP) petition beyond the inmate's scheduled release date to allow for the completion of a full SVP evaluation? Reading Welf. & Inst. Code 6601.3, the court concluded that the statute provided that, to be timely, a petition must be filed while the inmate was in lawful custody. The lawful custody period extended to the release date. However, an inmate could be held for up to 45 days beyond the release date upon a showing of good cause. Petitioners argued that the regulation's definition of good cause was inadequate because it did not require a showing that the need for the requested delay was justified. The court held that the regulation was invalid, but that the Board's reliance upon it was excusable as a good faith mistake of law.
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