People v. Smith
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Smith served a prison term after pleading no contest to assault with intent to commit rape and admitting prior conviction and prison term allegations. Before his parole date, he was committed to Coalinga State Hospital as a sexually violent predator. Smith obtained conditional release under Welfare & Institutions Code section 6608 but was recommitted in 2017 based on violations of the program rules.
His current release petition alleges that Smith’s diagnosis of “Other[] Specified” Paraphilia is invalid, he has no mental condition that justifies his commitment, he is no longer dangerous, he has serious medical problems, and he has undergone sex offender treatment and did not re-offend during the 18 months he spent in the community on conditional release. In a new annual report, a forensic psychologist concluded that neither conditional release nor unconditional discharge were appropriate because Smith continued to have a qualifying mental disorder and it was likely that Smith would continue to engage in sexually violent criminal behavior if released. The court of appeal reversed in part. The trial court erred in holding that his conditional release petition was frivolous. The court affirmed the denial of his petition for unconditional discharge under section 6605, rejecting an argument that the court erred in holding that he was required to obtain state authorization before filing the petition.
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