What is the test for a convicted sex offender to be released from a mental health hospital?
California, United States of America
The following excerpt is from Bennett v. Superior Court, 252 Cal.Rptr.3d 693, 39 Cal.App.5th 862 (Cal. App. 2019):
The third element the People must prove is that the offender, if released, will likely engage in sexually violent criminal behavior due to the diagnosed mental disorder. ( 6600, subd. (a); People v. Roberge (2003) 29 Cal.4th 979, 988, 129 Cal.Rptr.2d 861, 62 P.3d 97.) The offender must "present a substantial danger , that is, a serious and well-founded risk , of committing such crimes if released
[252 Cal.Rptr.3d 702]
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