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"California court wants proof on confining sex predators"

By Douglas A. Berman

The title of this post is the headline of this article in the San Diego Union-Tribune discussing this interesting new ruling in People v. McKee from the California Supreme Court concerning the state's sex offender civil commitment statute. Here is the report's account of the decision: The California Supreme Court ruled Thursday that the state might not be able to indefinitely hold sexually violent predators in jail, as authorized under a 2006 proposition approved by voters. In a 5-2 decision in a case from San Diego, the court said state prosecutors had to provide more evidence that treating sexually violent predators differently than others who are also held under civil commitment rules ? such as mentally disordered offenders ? does not violate the equal protection guarantees of the constitution They sent the case back to San Diego for such a hearing...continue to full post

Full post as published by Sentencing Law and Policy on January 29, 2010 (boomark / email).