P. v. Bell CA6
In 2011, plaintiff Corey Bell was arrested while he was on parole. While incarcerated in county jail on his new criminal charges, Bell signed an “optional waiver” (former Cal. Code of Regs., tit. 15, § 2641, subd. (b)) and accepted a 12 month term for his parole violation. In 2012, after Bell requested a full parole revocation hearing, the Santa Clara County District Attorney’s Office filed a petition to commit him under the Sexually Violent Predators Act (SVP Act) (Welf. & Inst. Code, § 6600 et seq.). A statutory prerequisite to the commencement of SVP proceedings and the filing of a sexually violent predator (SVP) petition is that an inmate must be in custody under the jurisdiction of the California Department of Corrections and Rehabilitation (CDCR) serving either a determinate prison sentence, parole revocation term, or a hold pursuant to section 6601.3. (§ 6601, subd. (a)(1) & (3).)
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