Jul. 28, 2022 – People v. Peyton (2nd Dist., Div. 2, B314992)

The Court of Appeal joins People v. Smith (2022) 75 Cal.App.5th 332 in holding that an SVP may not petition for unconditional discharge unless either (1) the hospital’s annual evaluation finds they are no longer an SVP; or (2) they obtain conditional release for at least one year. The court holds that the SVP Act authorizes a petition for unconditional discharge only in these two scenarios, and that this construction of the Act does not violate due process.