Defendant's petition for a writ of habeas corpus is granted as the assessment protocols used to evaluate defendant leading to the SVPA commitment petition is invalid as an underground regulation, and as such, the appropriate remedy is to order new evaluations of defendant using a valid assessment protocol and to conduct another probable cause hearing under section 6602(a) based on the new evaluations.
Filed November 19, 2009
Opinion by Judge Fybel
For Appellant: Edward C. Ronje, in pro. per.; and Rudy Kraft
For Appellee: Tony Rackauckas, District Attorney, and Mike Flory, Deputy District Attorney