People v. Superior Court

The People seek a writ of mandate directing the superior court to set aside an order granting a motion to dismiss a petition filed pursuant to the Sexually Violent Predators Act (SVP Act) (Welf. & Inst. Code, § 6600 et seq.) against real party, Joseph Louis Perez, a legal immigrant. Perez claims that because he will be deported before he can receive the benefit of conditional release and outpatient treatment provided for in the SVP Act, any commitment under the SVP Act would violate the equal protection provisions of the state and federal constitutions. We hold that neither the action of the People in filing the SVP Act petition nor the decision of the federal government to defer action on Perez’s deportation pending the outcome of the SVP Act petition has resulted in invidiously discriminatory disparate treatment under the otherwise neutral SVP Act. We conclude, therefore, that the superior court erred in dismissing the SVP Act petition filed against Perez.

Summary of Facts

The People filed a SVP Act petition against Perez, a legal immigrant, alleging that he is a sexually violent offender. Attached to the petition were exhibits showing that Perez had been convicted of…