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Name: People v. Ciancio
Case #: B161077
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 05/28/2003
Subsequent History: Rhrg. den. 6/27/03

This case of first impression addressed the question of whether male alleged sexually violent predators (SVP) who were released from prison but detained in county jail pending different stages of pretrial SVP proceedings, are entitled to appropriate housing outside the county jail and psychiatric treatment under the SVPA. (Such treatment is not currently provided at the L.A. county jail.) The Court of Appeal here held that pretrial treatment was not mandated. But, interpreting Welfare and Institutions Code section 6602.5, for SVPs who already have a probable cause determination, the trial court has the discretion to place the person at a state hospital and begin to receive treatment. And, with respect to those alleged SVPs who had already begun SVP psychiatric treatment, Penal Code section 4002, subdivision (b) required the continuation of their course of treatment in the county jail “to the extent possible.” The trial court must determine if the alleged SVP was already receiving such treatment and that it is possible to continue it within the county jail.