In Re Lucas

Summary

The court held that the regulation defining good cause for a 45-day hold was invalid because it required evidence that an inmate might qualify as a sexually violent predator rather than evidence justifying delay beyond the scheduled release date. Nevertheless, the Board's reliance on the regulation was excusable as a good faith mistake of law, so the unlawful-custody defect did not require dismissal of either sexually violent predator petition. The court therefore affirmed the judgments allowing both proceedings to continue.