What are the conditions for release of an SVP from the Sex Offender Commitment Program?
An SVP cannot be held for more than two years, unless a subsequent extended commitment is obtained from the court by the granting of a new petition for commitment. There are numerous provisions ensuring constitutionally adequate due process for the SVP such as: annual examination of his or her mental condition; annual written notice from the DMH to the patient of his or her right to petition the court for conditional release at a court hearing; a show cause hearing if the patient does not waive this right; and potentially a jury trial and the benefit of all constitutional protections that were afforded him or her at the initial commitment proceeding trial. Any one of the following scenarios can apply: • If the DMH finds that the patient’s diagnosed mental disorder has changed and the patient is not likely to commit acts of predatory sexual violence, the Director may petition the court for a hearing. The court may make a determination that the patient be unconditionally released. If the
