Dec. 19, 2022 – People v. Consiglio (4th Dist., Div. 1, D079883)

In an appeal from the denial of a petition for unconditional discharge under the SVP Act, the Court of Appeal finds that the trial court failed to apply the proper reasonable person standard for determining whether there was probable cause to believe that appellant no longer qualified as an SVP, and improperly rejected the DHS psychologist’s opinion that appellant no longer so qualified. The Court of Appeal remands for the trial court to set the matter for a full unconditional-discharge hearing under WIC 6605(a)(3).