Sexually Violent Predators
Conditional Release of Sexually Violent Predators in Los Angeles County Frequently Asked Questions
What is a Sexually Violent Predator (SVP)?
A "sexually violent predator" is defined in California Welfare and Institutions Code Sections 6600 et seq. as a person who:
(A) has been convicted of a sexually violent offense against one or more victim(s); and
(B) has a diagnosed mental disorder that makes the person a danger to the health and safety of others; and
(C) it is likely that he or she will engage in sexually violent criminal behavior.
The term "sexually violent offense" includes a variety of sex crimes which typically involve force, violence, duress, menace or threats of immediate bodily injury or threats of future retaliation against a person. Pedophilia, whether or not it involves force or violence, is also included.
Not all sex offenders or all of those required to register as a sex offender are classified as sexually violent predators. In fact, the vast majority are not. Only a very small percentage of the sex offender population qualify as SVPs.
As California's "High Risk Sex Offender and Sexually Violent Predator Task Force" explains:
"Although major mental illnesses such as schizophrenia, bipolar disorder, or organic brain syndrome qualify as mental disorders, most SVPs primarily suffer from some type of paraphilia. Paraphilic disorders are diagnosable conditions characterized by deviant sexual urges, fantasies or behaviors involving humiliation of others, sexual activity with children and/or sexual activity with other non-consenting persons, and they occur over a period of at least six months. These deviant sexual urges, fantasies or behaviors are sufficiently intense to cause significant distress or impairment in important areas of functioning."
Persons who are deemed by a court or jury to be sexually violent predators under the law are confined at Coalinga State Hospital, where they receive treatment for their disorders until it is determined that they no longer pose a risk of re-offense.
What treatment do SVPs get while they are committed to Coalinga State Hospital?
The appropriate treatment is determined by the California Department of State Hospitals (DSH). The appropriate treatment is determined by the California Department of State Hospitals (DSH). Treatment includes a multiphased program called the "Good Lives Model" which is part of the Sex Offender Commitment Program. If an SVP successfully completes the program or if the SVP receives an annual report from DSH stating he or she can be safely treated in a community outpatient program or that he or she is no longer a danger, he or she can petition for release under community-based supervision in the final phase of the Sex Offender Commitment Program. This is pursuant to the Sexually Violent Predator Act. Further information about the program and other treatment is described on the DSH website (www.dsh.ca.gov/coalinga).
What is SVP community treatment (CONREP)?
Conditional Release (CONREP) is a community-based supervision program designed to integrate SVPs who no longer pose a risk of re-offense back into the community. This determination is made by the court, pursuant to statutory and case law. If the court determines that a SVP can be safely supervised and treated in the community, the SVP is ordered into the final phase of the Sex Offender Treatment Program. CONREP is under the authority of the California Department of State Hospitals (DSH) and provides community-based supervision to SVPs in the final phase of the Sex Offender Commitment Program.
Where is the SVP housed in the community?
Welfare & Institutions Code section 6609.1 specifies the procedure for determining where an SVP will be housed. The SVP may be housed in any county in California, as long as he or she establishes domicile in that county. Once the county of domicile is established, Liberty Healthcare Corporation, in conjunction with the DSH, will conduct a housing search of suitable locations for placement within the county and recommend a specific address to the court. All placement sites must comply with state law, including Jessica’s Law. For example, SVPs may not live within 2,000 feet of a school or park. The SVP should not be placed near victims nor their family members. Once the court approves a placement location, there is a period of time for public comment on the proposed placement. The reviewing court will consider the public comments in making its final placement determination. If the proposed location is approved, the court will order the SVP to be transported to the designated address on or before a specified date and community supervision begins.
Who supervises SVPs in community-based treatment?
Since 2003, the State of California has contracted with Liberty Healthcare Corporation to serve as the CONREP supervision program for all conditionally released SVPs. Liberty Healthcare establishes a Community Safe Team for each SVP. The Safe Team includes a Liberty Healthcare regional coordinator, treatment providers, polygraph specialists, victim advocates and representatives of law enforcement and the District Attorney’s Office. Appropriate terms and conditions of release for the SVP are determined. Liberty Healthcare must regularly consult with the Safe Team and update them as to the SVP’s progress and treatment. If there are any concerns, Liberty will immediately alert the Safe Team and the court. The SVP can be brought before the court for a hearing to revoke conditional release and potentially be returned to custody at Coalinga State Hospital.
How is supervision accomplished?
The assigned Liberty Healthcare regional coordinator is responsible for the day-to-day monitoring of the SVP in the community. The regional coordinator will personally interact with the SVP on a daily basis. All SVPs are subject to certain standard supervisory conditions, such as weekly individual and group therapy (transportation will be provided by the regional coordinator). In addition, supervision may include unannounced visits, covert surveillance, random searches of the home and prior approval for all activities in which the SVP plans to participate. Polygraph exams occur every 90 days. SVPs are required to wear a 24-hour, nonremovable GPS (Global Positioning System) bracelet. All SVPs under community supervision must sign and agree to the terms and conditions prior to release. The release-granting court must approve those terms and conditions, and may accept input from the District Attorney's Office and the community.
What happens if an SVP violates his terms and conditions of release?
Any violation of the terms and conditions can be a basis for revocation, even if the violation of those terms and conditions are not a violation of any law. Liberty Healthcare provides quarterly progress reports to the Court, District Attorney and the SVP's attorney. The Community Safe Team meets regularly to discuss issues related to the SVP's progress in the community. If high risk behaviors are observed, Liberty Healthcare or the District Attorney's Office may request that community placement be revoked and the SVP returned to the hospital. If the SVP is returned to the hospital, he or she can petition the supervising court to be rereleased into outpatient treatment at a later date.
Can an SVP be released unconditionally after his conditional release?
Yes. According to the law, once an SVP has successfully served one year on conditional release, he or she may petition the court for unconditional release. If such a petition is filed with the court, a hearing is held, evidence is presented, witnesses are called and a determination is made as to whether the SVP may be unconditionally released without supervision.
Where can I get more information about Conditional Release Programs, Liberty CONREP and the Department of State Hospitals?
The Department of State Hospitals, which runs Coalinga State Hospital, has descriptions of its process and programs. Both can be reviewed on the web addresses below.
Department of State Hospitals: www.dsh.ca.gov
Coalinga State Hospital: www.dsh.ca.gov/Coalinga
Los Angeles County Sexually Violent Predators
District Attorney Jackie Lacey is committed to ensuring the safety of our community by protecting the residents of Los Angeles County against dangerous criminals, including high risk sex offenders. Cases involving sexually violent predators (SVPs) are vigorously prosecuted and the release of such high-risk sex offenders is strongly opposed. District Attorney Lacey sponsored successful legislation in 2014 that changed the law regarding the release of SVPs. Under the new law, when an SVP is scheduled for release anywhere in California, the affected county must be notified and given the opportunity to actively participate in the decision-making process.
If and when a court rules that an SVP shall be released, the District Attorney’s Office will work closely with local law enforcement and Liberty Healthcare to ensure that the SVP is closely monitored upon release and that the public is protected from risk.
Public awareness is key. This website includes information on SVPs scheduled to be conditionally released in Los Angeles County.
Christopher Evans Hubbart
Released on July 9, 2014
Date of Birth: January 22, 1951.
Hubbart was the first person ever committed under the Sexually Violent Predator Law. He had been housed at Coalinga State Hospital since 1996, when he was committed by the Santa Clara County District Attorney’s Office.
Hubbart’s diagnoses include: Sexual Sadism, Paraphilia Not Otherwise Specified (Klismaphilia), Antisocial Personality Disorder Not Otherwise Specified with Narcissistic Features.
Hubbart’s offenses include forcible sodomy, forcible rape, prowling for women, assault, voyeurism and frotteurism.
Hubbart has more than 50 known female victims in Southern California (Los Angeles, San Bernardino and Riverside counties) and Northern California (San Francisco and Santa Clara counties). At the time of the attacks, most victims ranged from age 25 to 35. Hubbart often stalked his victims, entered their homes when they were alone at night and raped them after placing a pillow case over their heads. When his victims resisted, he usually fled. Hubbart was arrested and sentenced to state prison several times but raped again each time he was released on parole. Hubbart has admitted to more than 100 rapes and attempted rapes.
In 2013, Santa Clara County Judge Gilbert Brown determined that Hubbart no longer posed a risk of re-offense and ruled that he could be safely housed in the community. Over the objections of the Los Angeles County District Attorney’s Office, Judge Brown ruled that Hubbart should be placed in Los Angeles County and selected the following address:
20315 East Avenue R
Palmdale, CA 93591