In re Snyder
C.A. 3rd; C082275 The Third Appellate District granted a petition for writ of habeas corpus. The court held that the California Department of State Hospitals…
June 12, 2017 at 07:58 PM
2 minute read
C.A. 3rd;
C082275
The Third Appellate District granted a petition for writ of habeas corpus. The court held that the California Department of State Hospitals failed to comply with the Sexually Violet Predator Act (SVPA) when it “undesignated” one of two evaluators, revoked her report, and designated a different evaluator to replace her.
Douglas Snyder was convicted of multiple counts of committing a lewd or lascivious act on a minor and sentenced to prison. Shortly before his scheduled release date, the Department of Corrections and Rehabilitation referred Snyder to the Board of Parole Hearings for screening under the SVPA. The board referred Snyder to the California Department of State Hospitals for evaluation. The department designated psychologists Robert Karlsson and Marcia Asgarian to evaluate Snyder. Dr. Karlsson determined Snyder was an SVP; Dr. Asgarian concluded he was not. The department determined, however, that Dr. Asgarian's report did not meet minimum quality standards under the department's quality assurance processes and could not be revised to meet those standards with the time available. Accordingly, the department “undesignated” her, revoked her report, and designated a third psychologist, Douglas Korpi, to take her place as the second evaluator. After Dr. Korpi determined Snyder was an SVP, the director of the department requested that the district attorney file a petition for Snyder's commitment under the SVPA.
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