People v. Christman
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The Sexually Violent Predator Act (SVPA) (Welf. & Inst. Code 6600) provides that, under certain circumstances, a person who has been committed as a sexually violent predator (SVP) may be conditionally released into the community for outpatient supervision and treatment. Certain conditionally released SVPs who have a history of sexual misconduct with children “shall not be placed within one-quarter mile” of a school; the statute does not describe how to measure the distance. Christman served his prison term for multiple sex offenses against boys under the age of 15. He was determined to be a SVP in 1997 and was committed to Atascadero State Hospital. In 2012 the trial court granted Christman’s petition for outpatient status. The Department of State Hospitals was unable to find suitable housing for Christman in San Francisco. The court expanded the search. Housing was located in Contra Costa County near Willow Cove Elementary School. The county prosecutor was notified. Following a hearing, the court rejected a straight-line method of measurement and employed “a pedestrian route traveled,” method that took intervening structures and obstacles into account and increased the distance between the placement site and the school, then approved Christman’s placement. The appeals court reversed, finding that the distance should have been calculated using the straight-line method, which puts the residence less than one-quarter mile from the school.
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