The People v. Dixon CA6

I. Background

Since the facts of Dixon‟s crimes are irrelevant to the issues he raises on appeal, we do not repeat them.

II. Discussion

A. The SVPA and Proposition 83 The SVPA provides for the involuntary civil commitment of persons found to be SVP‟s beyond a reasonable doubt at trial. (People v. Williams (2003) 31 Cal.4th 757, 764.) An SVP is “a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior.” (§ 6600, subd. (a)(1).) The SVPA as originally enacted provided for a two-year commitment, renewable for successive terms if the People proved beyond a reasonable doubt at a new trial that 2 the committed person remained an SVP. (Former § 6604; Stats. 1995, ch. 763, § 3.) There were two ways an SVP could obtain review of his or her current mental condition to determine if civil confinement was still necessary. (People v. Cheek (2001) 25 Cal.4th 894, 898 (Cheek).) Former section 6608 permitted the SVP to petition, without the concurrence of the DSH, for…