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Name: People v. Superior Court (Karsai)
Case #: C070719
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/07/2013

The court may order a person previously committed as an SVP into a conditional release program without a fixed residence at the time of release. Karsai was committed as an SVP in 1998. In October 2010, the Placer Superior Court determined that he should be conditionally released. A year and a half later, after an exhaustive but ultimately unsuccessful search for an acceptable residence for Karsai, the court ordered that he be conditionally released into Santa Barbara County without a fixed residence, i.e., as a transient. Santa Barbara County sought a writ of mandate to prevent Karsai’s release, arguing that there was no provision allowing for release of an SVP as a transient. The appellate court denied the writ petition. There is nothing in the SVPA that precludes a court from ordering the conditional release of an SVP even where no residence has been located. In order to release an SVP conditionally, a court must find that person is not a danger to others if under outpatient supervision and treatment. Even a transient participating in a conditional release program will be under near constant supervision.