1. (a) Where a jury has previously found that an Individual is not a SVP, the Evaluator may still provide an opinion that the Individual is a SVP so long as the following conditions are met:

   1. (1) The report contains information showing the Evaluator understood and accepted, for purposes of the current diagnosis, the prior jury finding as true.
   2. (2) The Evaluator explains why, despite the prior finding, the facts are sufficiently different so that the Individual is now a dangerous Individual who is likely to reoffend within the meaning of the Sexually Violent Predator Act.

Note: Authority cited: Sections 4005.1, 4027 and 4101, Welfare and Institutions Code. Reference: People v. Turner (2000) 78 Cal.App.4th 1131.

History

1. New section filed 1-15-2019; operative 4-1-2019 (Register 2019, No. 3).