Assessment
The Board Member assigned to the court-ordered assessment must form an opinion regarding whether the offender meets the legal criteria for classification as a sexually violent predator (SVP). The law defines an SVP as a person who has been convicted of a sexually violent offense and due to a mental abnormality or personality disorder, the person is likely to engage in future predatory sexually violent offenses.
The Board member is further directed to consider the following criteria, among other things, as part of the assessment:
1. Facts of the current offense, including:
a. Whether the offense involved multiple victims
b. Whether the offender exceeded the means necessary to achieve the offense
c. The nature of the sexual contact with the victim
d. Relationship of the offender to the victim
e. Age of the victim
f. Whether the offense included a display of unusual cruelty by the offender during the commission of the crime
g. The mental capacity of the victim
2. Prior offense history, including:
a. The offender’s prior criminal record, sexual offenses, and other offenses
b. Whether the offender completed any prior sentences
c. Whether the offender participated in available programs for sexual offenders
3. Characteristics of the offender, including:
a. Age of the offender
b. Use of illegal drugs by the offender
c. Any mental illness, mental disability, or mental abnormality
d. Behavioral characteristics that contribute to the offender's conduct
The assessment must be presented to the District Attorney of the county of conviction within 90 days from the date of conviction. A copy of the assessment is also provided to the agency preparing the pre-sentence investigation.