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Name: Brown v. Superior Court (Orange County)
Case #: G046502
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/28/2013

When a person is received into custody for a parole violation, Welfare and Institutions Code section 6601.3, subdivision (b) allows a 45-day hold for a sexually violent predator (SVP) evaluation. An SVP petition may be filed only while a defendant is in lawful custody pursuant to a determinate prison term, parole revocation, or hold under Welfare and Institutions Code section 6601.3. Brown was in custody when the challenged SVP petition was filed pursuant to a 45-day hold under section 6601.3, which he contended was invalid because unsupported by good cause, and therefore, was not lawful custody. Held: Mandate denied. When the hold was granted, Brown had been received into custody based on a parole revocation. He therefore fell within the “receipt of the prisoner into custody” provision of section 6601.3, subdivision (b). This recommenced the initial screening process under section 6601, subdivision (a)(1), which cannot begin until the person is returned to custody. Thus, section 6601.3, subdivision (b) “allows a 45-day hold when the person is received into custody for a parole violation and, at the time of referral to the DMH for full evaluation under section 6601, subdivision (c) through (i), fewer than 45 days remain before the person is to be released.”