Twenty U.S. States have a special status for sex
offenders screened as sexually violent
predators, which allows these offenders to be
held in prison after their sentences are
completed if they are considered to be a risk to
the public. California rigorously screens every
person 6 months shy of their release from prison
regardless of whether they were sent to prison
for a sex offense. If a potential parolee has at
least one sex offense in their prior history,
they are screened for the SVP program which
could cause the person to be committed to spend
the rest of their life in a mental hospital.
Between two and four psychologists are sent
to the prison to interview each potential
parolee. Their job is to determine if the
potential parolee has a special sexual disorder,
that has a very vague definition. Basically, if
a person has more than two sexual victims over a
six month period, or if they have one child
victim that was abused over a six month period,
they will qualify for the mental disorder
portion of the SVP statute. The psychologists
then determine if the person is at risk to do it
again during the person's lifetime. If the
psychologists employed by the State agree that a
parolee meets the statute's criteria, SVP
proceedings are instituted, usually in the
California county of the persons last prison
conviction.
If you are a sex offender in prison, do not
think you can manipulate or impress the state
psychologists to talk your way out of the
program. These people are highly trained and
will be able to get concessions from you that
will qualify you for commitment much easier than
if you refuse to meet with them. Refusing to
meet with the state evaluators will not make it
more likely that you would receive a referral
for commitment.
Mr. Melnik has ben representing SVP's and
potential SVP's since the program was enforced
in 1999. Mr. Melnik has obtained the release of
more potential SVP's than any other lawyer in
California in trial. At one point, Mr. Melnik
obtained the release of 9 consecutive clients.
Many lawyers around the country NEVER even win
one case.
These are extraordinarily complex cases. Mr.
Melnik represents detained parolees and those
already committed SVP's all over the California,
from San Diego to Yuba. Most of these cases are
long cases, taking 4-7 weeks in trial before a
jury can render a verdict. Many experts are
called to testify and a person's entire life
history is exposed and put on trial.
A SVP case originates in the county of a
person's last conviction and a prosecutor from
the District Attorney's office will file the
Petition wherein a jury will decide if a person
should stay in a mental hospital for the rest of
their life.
If you are committed as an SVP, it is
basically a point of no return, and the
likelihood of release by going through the State
sponsored treatment program that will take a
minimum of 10 years, is very slim. Even if you
are released after 10 years of treatment, you
are still only conditionally released and the
community to which you are released will chase
you out of each residence and picket and protest
your presence as a sexually violent predator
until you are basically locked up again.
The best chance of beating a SVP petition is
to not interview with the psychologists while in
prison pending your release and to hire Todd
Melnik as your attorney.
It is extraordinarily important to contact
Mr. Melnik as soon as posible if you believe
that your are going to be detained under the SVP
law. Dont wait.
