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Research ArticleRegular Article

Applying Collaborative Justice to Sexually Violent Predator Civil Commitment

Shoba Sreenivasan, Amy Hoffman, James Cahan, Allen Azizian and Linda E. Weinberger
Journal of the American Academy of Psychiatry and the Law Online July 2020, JAAPL.200023-20; DOI: https://doi.org/10.29158/JAAPL.200023-20
Shoba Sreenivasan
Dr. Sreenivasan is Adjunct Clinical Professor, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA and Forensic Psychologist and Sexually Violent Predator Evaluator, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Ms. Hoffman is Deputy Public Defender, County of San Diego, San Diego, CA. Mr. Cahan is Deputy District Attorney (retired), County of Santa Clara, San Jose, CA Dr. Azizian is Assistant Professor, Department of Criminology, California State University, Fresno, CA and Senior Psychologist, Clinical Operations Division, California Department of State Hospitals, Sacramento, CA. and Dr. Weinberger is Professor Emerita, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA.
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Amy Hoffman
Dr. Sreenivasan is Adjunct Clinical Professor, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA and Forensic Psychologist and Sexually Violent Predator Evaluator, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Ms. Hoffman is Deputy Public Defender, County of San Diego, San Diego, CA. Mr. Cahan is Deputy District Attorney (retired), County of Santa Clara, San Jose, CA Dr. Azizian is Assistant Professor, Department of Criminology, California State University, Fresno, CA and Senior Psychologist, Clinical Operations Division, California Department of State Hospitals, Sacramento, CA. and Dr. Weinberger is Professor Emerita, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA.
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James Cahan
Dr. Sreenivasan is Adjunct Clinical Professor, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA and Forensic Psychologist and Sexually Violent Predator Evaluator, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Ms. Hoffman is Deputy Public Defender, County of San Diego, San Diego, CA. Mr. Cahan is Deputy District Attorney (retired), County of Santa Clara, San Jose, CA Dr. Azizian is Assistant Professor, Department of Criminology, California State University, Fresno, CA and Senior Psychologist, Clinical Operations Division, California Department of State Hospitals, Sacramento, CA. and Dr. Weinberger is Professor Emerita, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA.
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Allen Azizian
Dr. Sreenivasan is Adjunct Clinical Professor, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA and Forensic Psychologist and Sexually Violent Predator Evaluator, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Ms. Hoffman is Deputy Public Defender, County of San Diego, San Diego, CA. Mr. Cahan is Deputy District Attorney (retired), County of Santa Clara, San Jose, CA Dr. Azizian is Assistant Professor, Department of Criminology, California State University, Fresno, CA and Senior Psychologist, Clinical Operations Division, California Department of State Hospitals, Sacramento, CA. and Dr. Weinberger is Professor Emerita, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA.
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Linda E. Weinberger
Dr. Sreenivasan is Adjunct Clinical Professor, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA and Forensic Psychologist and Sexually Violent Predator Evaluator, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Ms. Hoffman is Deputy Public Defender, County of San Diego, San Diego, CA. Mr. Cahan is Deputy District Attorney (retired), County of Santa Clara, San Jose, CA Dr. Azizian is Assistant Professor, Department of Criminology, California State University, Fresno, CA and Senior Psychologist, Clinical Operations Division, California Department of State Hospitals, Sacramento, CA. and Dr. Weinberger is Professor Emerita, Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA.
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Abstract

Sexually violent predator (SVP) statutes are unique in that these laws allow for the indefinite civil psychiatric commitment of sex offenders after their criminal sentences have been served. In addition to the high cost of psychiatric hospitalization, recently observed low base rates of sexual recidivism of sex offenders released from custody suggest that, in select SVP cases, a collaborative justice model of outpatient placement may be feasible in lieu of lengthy and costly placement in state hospitals. Given its position as one of the states with a large number of SVP commitments, California offers an opportunity to implement a collaborative justice model for adult sex offenders found to meet SVP criteria. In this article, a template for such a model is suggested. Admittedly, this model faces multiple obstacles, both within the judicial system and in the public arena. Nonetheless, public concerns may be mitigated through high-control parole plus additional treatment and controls, interim halfway house placement, and community prosocial support systems.

  • sexually violent predator
  • collaborative justice
  • civil commitment
  • outpatient commitment

Footnotes

  • All opinions of the authors are in their personal capacities and do not reflect the official positions of any federal, state, or county government entity, university, or private affiliation.

  • Disclosures of financial or other potential conflicts of interest: None.

  • © 2020 American Academy of Psychiatry and the Law
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Journal of the American Academy of Psychiatry and the Law Online: 53 (2)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 53, Issue 2
1 Jun 2025
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Applying Collaborative Justice to Sexually Violent Predator Civil Commitment
Shoba Sreenivasan, Amy Hoffman, James Cahan, Allen Azizian, Linda E. Weinberger
Journal of the American Academy of Psychiatry and the Law Online Jul 2020, JAAPL.200023-20; DOI: 10.29158/JAAPL.200023-20

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Applying Collaborative Justice to Sexually Violent Predator Civil Commitment
Shoba Sreenivasan, Amy Hoffman, James Cahan, Allen Azizian, Linda E. Weinberger
Journal of the American Academy of Psychiatry and the Law Online Jul 2020, JAAPL.200023-20; DOI: 10.29158/JAAPL.200023-20
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  • Article
    • Abstract
    • SVP Laws
    • Current California SVP Commitment
    • Rationale for SVP Collaborative Justice
    • Collaborative Versus Adversarial Justice
    • Proposed Model for SVP Collaborative Justice
    • Potential Obstacles to Implementation
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Keywords

  • sexually violent predator
  • collaborative justice
  • civil commitment
  • outpatient commitment

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