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Criminal Law

: Criminal Appeal

Did Prop 83 Eliminate The SVP Extended Commitment Scheme?

By Jeremy Price

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In November 2006, the voters enacted Prop 83, which substantially amended the state's sexually violent predator (SVP) civil commitment law, which had also recently been amended by the Legislature in September 2006. Under the old law, commitments were two years in duration. At the conclusion of the two-year commitment, the government had to prove once again beyond a reasonable doubt that the person met the commitment criteria. Upon such a showing, the person was then committed for another two-year period subject to the same recommitment scheme every two years. Prop 83, however, eliminated this recommitment scheme and replaced it with a framework whereby the initial commitment would be for an indeterminate period of time, thus obviating the need for recommitment trials...continue to full post

Full post as published by Criminal Appeal on December 18, 2007 (boomark / email).

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