Paul George was an adjudicated sexually violent predator (SVP). Following several years of commitment, he was deemed eligible for placement in a conditional, supervised release program. Because of the extreme geographic restrictions that limit where such a person may reside, the California Department of Mental Health was unable to find a suitable placement for George within San Francisco, the county of his domicile. When George’s commitment was about to expire, the district attorney filed a petition for recomitment.

Prior to trial, an issue arose whether, to establish George’s continuing status as an SVP, it was necessary to prove that public safety required his continued custody in a locked facility or whether it was sufficient to prove that public safety required, at the least, commitment to a supervised community placement.