The People v. Hernandez CA4/1

DISCUSSION

Hernandez's constitutional argument focuses on whether the amended SVPA

violates equal protection. In McKee I, the Supreme Court held the SVPA is subject to

equal protection analysis because it "treats SVP's significantly less favorably than those

similarly situated individuals civilly committed under other statutes" including MDO's

and NGI's. (McKee I, supra, 47 Cal.4th at pp. 1196, 1203, 1207.) Since individuals

within each of these categories "have the same interest at stake—the loss of liberty

through involuntary civil commitment—it must be the case that when society varies the

standard and burden of proof for SVP's . . . , it does so because of the belief that the risks

The Supreme Court remanded in McKee I for an evidentiary hearing on whether disparate treatment for SVP's is justified. The court transferred "grant and hold" cases under McKee I to the Courts of Appeal with directions to vacate their prior opinions and reconsider in light of McKee I. The order expressed a desire to avoid unnecessary multiplicity of proceedings and directed this court to suspend further proceedings pending finality of the proceedings in…