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Name: People v. Grassini
Case #: B155574
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 11/25/2003
Subsequent History: None

In an SVP proceeding, where evidence is presented that the person is amenable to voluntary treatment, which in turn bears on the ultimate question of whether the person is likely to reoffend, the presence of such evidence creates a sua sponte duty to instruct that the jury must determine whether custody in a secure facility is necessary to ensure that the person is not a danger to others.