People v. Smith
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Smith pled no contest to assault with intent to commit rape and admitted prior conviction and prison term allegations. Before his release on parole in 2010, he was declared a sexually violent predator (SVP) under Welfare and Institutions Code 6600 and was committed to Coalinga State Hospital. He was released in November 2015 and placed in the Conditional Release Program. In March 2016, Smith sought unconditional discharge. The court found Smith had established probable cause that he was no longer a public safety risk. The matter was continued to allow the state to prepare an expert evaluation.
In May 2017, the government filed a petition to revoke conditional release. The court granted the petition and recommitted Smith, then determined that the unconditional discharge petition was superseded by the hearing. Smith filed a Marsden motion based on his counsel’s failure to pursue an unconditional discharge. The court determined its previous ruling that Smith's petition was superseded was erroneous and set a jury trial. The government successfully sought reconsideration, arguing the court had inherent authority to reconsider its probable cause finding and that an SVP must be on conditional release for at least one year before seeking unconditional discharge.
The court of appeal affirmed, in favor of the government. The statute requires a committed person to have been on conditional release for at least one year when the unconditional discharge petition is filed and to remain on that status throughout the duration of the unconditional discharge proceedings.
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