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SVP Recommitments and Indeterminate Terms, Take 2

By Jeremy Price

As noted in a previous post, two California appellate courts recently concluded that individuals subject to two-year sexually violent predator (SVP) civil commitments at the time the electorate passed Prop 83 can face the prospect of indeterminate terms upon expiration of their current commitments. In People v. Carroll (F051709), the Fifth District Court of Appeal has reached the same result, noting that to hold otherwise would lead to "absurd consequences." In addition, California Supreme Court recently denied review on this question in People v. Shields. In Carroll, the Fifth Disrtict Court of Appeal also fended off a few related challenges. The district attorney in that case filed an extended commitment petition before the SVP Act was amended to provide for indeterminate terms...continue to full post

Full post as published by Criminal Appeal on January 09, 2008 (boomark / email).