Garcetti

We are asked to decide narrow but significant points of statutory construction concerning the Sexually Violent Predators Act (the Act) (Welf. & Inst. Code, § 6600 et seq.; all further statutory citations are to this code unless otherwise indicated). The principal questions are: (1) whether conviction of a sexually violent offense may be counted as a predicate conviction under the Act if the defendant was sentenced to an indeterminate term for that crime; and (2), if so, whether this is true even though a petition for commitment under the Act is filed before the 1996 amendment to the statute. We conclude that the answer to both questions is “yes,” and shall issue a writ directing the respondent court to vacate its ruling to the contrary.

The Statute Under Review

The Act was enacted in 1995, and became effective on January 1 of the following year. Its purposes and general outline have been fully discussed in a number of decisions, and there is no need to add to those able expositions. (See Hubbart v. Superior Court (1999) 19 Cal.4th 1138, 1143 [ 81 Cal.Rptr.2d 492 , 969 P.2d 584 ]; People v. Cheek (Cal.App.); In re Kirk (1999) 74 Cal.App.4th 1066, 1070 [ 88 Cal.Rptr.2d…