Mitchell Hamline School of Law

Sex Offense Litigation and Policy Resource Center

SVPA

People v. Superior Court of Santa Cruz County (Cal. Ct. App. 2023)

Posted: February 16, 2023
California Court of Appeals opinion concluding that the Sexually Violent Predator Act prohibiting placement of certain individuals near a "school" does not exempt home schools or require the school in question to have been operating for any particular period of time prior to the individual's planned community placement.

People v. Superior Court of Santa Cruz County (Cal. Ct. App. 2023)

Baughman v. Commonwealth of Virginia (Va. 2022)

Posted: September 20, 2022
In an unpublished opinion, the Supreme Court of Virginia finds reversible error in the trial court, noting that SVPA probable cause hearings require that an expert witness conducting a mental health examination be “designated by the Commissioner” and concluding that the introduction of expert testimony by a mental health professional retained by the Commonwealth, who was not designated by the Commissioner, prejudiced Appellant and had a “substantial influence” on the outcome of the proceeding.

Baughman v. Commonwealth of Virginia (Va. 2022)

Topics

Jurisdiction

Constitutional Issues

Substantive Issues

Actual Innocence Administrative exhaustion Administrative Procedures Act AEDPA Antisocial Personality Disorder Apprendi / Alleyne As-Applied AWA Burden of Proof Churches Civil Commitment Collateral Estoppel Conditions of Confinement Conditions of Release Daubert Deregistration Evidentiary Standards Expungement Extraterritorial Registration Failure to Register Familial Relationships GPS Halloween Hearsay Heck bar Homelessness Housing HUD Immigration Ineffective Assistance International Travel Internet Identifiers Internet Restrictions Jury Instructions Juvenile Registration Mental disorder Non-Sexual Offense Notification Out-of-state Offense Paraphilia Diagnosis Pardon Parole Personality Disorder Plea Agreement Plethysmograph PLRA Polygraphs Preemption Presence Restrictions Procedural Default PROTECT Act Punishment Qualified Immunity Recidivism Reclassification Res Judicata Residential Banishment Retroactive Application (Non-EPF) Revocation of Supervision Risk School Property Second / Subsequent Offense Sentencing Sexual Predator designation Sign Posting Special Needs Supervised Release SVP Tiering / Classification Tolling Transitional Release Travel Travel Restrictions Treatment Programs