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HomeWelfare and Institutions CodeDiv. 6Pt. 2Ch. 2Art. 4§ 6605 Sexually Violent Person Discharge

§ 6605 Sexually Violent Person Discharge

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 6605 Sexually Violent Person Discharge

Key Takeaways

  • •If someone is locked up because they have a mental disorder that makes them dangerous, they can ask a court to let them go.
  • •The court will check if the person is still dangerous. If not, they might be freed.
  • •The person asking to be freed can have a lawyer and experts to help them. The state also gets a lawyer and experts.
  • •If the court says no, the person has to wait a year before asking again.

Example

John was locked up because he has a mental disorder that makes him likely to hurt others. After some time, he thinks he is better and asks the court to let him go.

The court will have a hearing to see if John is still dangerous. If the court thinks he is not dangerous anymore, they will let him go. If not, John has to wait a year to ask again.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 6605 Sexually Violent Person Discharge

(a) (1) The court, upon receiving a petition for unconditional discharge, shall order a show cause hearing at which the court can consider the petition and any accompanying documentation provided by the medical director, the prosecuting attorney, or the committed person. (2) If the court at the show cause hearing determines that probable cause exists to believe that the committed person’s diagnosed mental disorder has so changed that he or she is not a danger to the health and safety of others and is not likely to engage in sexually violent criminal behavior if discharged, then the court shall set a hearing on the issue. (3) At the hearing, the committed person shall have the right to be present and shall be entitled to the benefit of all constitutional protections that were afforded to him or her at the initial commitment proceeding. The attorney designated by the county pursuant to subdivision (i) of Section 6601 shall represent the state and shall have the right to demand a jury trial and to have the committed person evaluated by experts chosen by the state. The committed person also shall have the right to demand a jury trial and to have experts evaluate him or her on his or her behalf. The court shall appoint an expert if the person is indigent and requests an appointment. The burden of proof at the hearing shall be on the state to prove beyond a reasonable doubt that the committed person’s diagnosed mental disorder remains such that he or she is a danger to the health and safety of others and is likely to engage in sexually violent criminal behavior if discharged. Where the person’s failure to participate in or complete treatment is relied upon as proof that the person’s condition has not changed, and there is evidence to support that reliance, the jury shall be instructed substantially as follows: “The committed person’s failure to participate in or complete the State Department of State Hospitals Sex Offender Commitment Program (SOCP) are facts that, if proved, may be considered as evidence that the committed person’s condition has not changed. The weight to be given that evidence is a matter for the jury to determine.” (b) If the court or jury rules against the committed person at the hearing conducted pursuant to subdivision (a), the term of commitment of the person shall run for an indeterminate period from the date of this ruling and the committed person may not file a new petition until one year has elapsed from the date of the ruling. If the court or jury rules for the committed person, he or she shall be unconditionally released and unconditionally discharged. (c) If the State Department of State Hospitals has reason to believe that a person committed to it as a sexually violent predator is no longer a sexually violent predator, it shall seek judicial review of the person’s commitment pursuant to the procedures set forth in Section 7250 in the superior court from which the commitment was made. If the superior court determines that the person is no longer a sexually violent predator, he or she shall be unconditionally released and unconditionally discharged. (Amended by Stats. 2013, Ch. 182, Sec. 2. (SB 295) Effective January 1, 2014. Note: This section was amended on Nov. 7, 2006, by initiative Prop. 83.)

Last verified: January 23, 2026

Key Terms

sexually violent predatortreatmenthospitaltrialdirectorreleasedangerport

Related Statutes

  • § 6607 Conditional Release For Svps
  • § 5309 Early Release For Safety
  • § 6513 State Payment For Judicial Costs
  • § 6608 Sexually Violent Predator Release
  • § 7277 Mental Health Care Costs

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 6605.
View Official Source