P.

P. v. Scott CA1/4

Good Law
Court of Appeal of CaliforniaJuly 29, 2013A136115California3,173 words

Opinion

Opinion

Humes, J.

I.

FACTUAL AND PROCEDURAL

BACKGROUND

Scott was convicted several times of sexually violent offenses spanning a period of 26 years. The convictions date back to 1968, when Scott was 17. He was 61 at the time of the trial on his current SVPA commitment, which occurred in 2012.

1 Welfare and Institutions Code, § 6600 et sequitur. All statutory references are to the Welfare and Institutions Code unless otherwise specified.

1 Scott had been previously committed as an SVP in 2006. At that time, the trial court committed him for a term of two years to Coalinga State Hospital, and this court affirmed in a nonpublished opinion. (People v. Scott (Aug. 29, 2007, A113728).) Following Scott‟s 2006 commitment, the SVPA was amended to modify the terms under which SVPs are committed and released. (People v. McKee (2010) 47 Cal.4th 1172, 1183 (McKee I).) Under the earlier version, a person found to be an SVP was given an involuntary two-year civil commitment. (Id. at p. 1185.) That two-year period could be extended only if a new petition was filed requesting a successive two-year commitment and the People proved beyond a reasonable doubt that the person remained an SVP. (Ibid.) Under the…

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