What is the state's burden of proof in revocation proceedings?

California, United States of America


The following excerpt is from People v. Smith, 263 Cal.Rptr.3d 90, 49 Cal.App.5th 445 (Cal. App. 2020):

6 As appellant notes, the state's burden is lower in revocation proceedings than it is in unconditional discharge trials. In the former, the state must prove by a preponderance of the evidence that "the person is a danger to the health and safety of others" (Pen. Code, 1609 ) or "requires extended inpatient treatment or refuses to accept further outpatient treatment and supervision" (Pen. Code, 1608 ). (See 6608, subd. (h) ["The procedures described in Sections 1605 to 1610, inclusive, of the Penal Code shall apply to the person placed in the forensic conditional release program."]; People v. DeGuzman (1995) 33 Cal.App.4th 414, 419, 39 Cal.Rptr.2d 137 [preponderance of the evidence standard applies in Pen. Code, 1608 & 1609 revocation proceedings].) In contrast, in an unconditional discharge trial, "[t]he burden of proof ... shall be on the state to prove beyond a reasonable doubt that the committed person's diagnosed mental disorder remains such that he or she is a danger to the health and safety of others and is likely to engage in sexually violent criminal behavior if discharged." ( 6605, subd. (a)(3).) Appellant suggests our construction of section 6608(m) would enable the state to "duck its burden under section 6605 and avoid trial simply by pursuing a motion to revoke outpatient status." We decline to assume the state will abuse the statutory scheme in this manner.

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