In defendant's constitutional challenge to voter-passed Proposition 83, which modified the terms by which sexually violent predators (SVP) can be released from civil commitment under the Sexually Violent Predators Act, trial court's judgment is affirmed in part and reversed and remanded in part where: 1) defendant's due process and ex post facto challenges were without merit; but 2) with respect to an equal protection claim, the state has not yet carried its burden of demonstrating why SVP's, but not any other ex-felons subject to civil commitment, such as mentally retarded disordered offenders, are subject to indefinite commitment.
Filed January 28, 2010
Opinion by Judge Moreno
For Appellant: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry Carlton, Steve Oetting and Bradley A. Weinreb, Deputy Attorneys General
For Appellee: Steven M. Hinkle