People v. Butler

Defendant Allen Douglas Butler appeals from the trial court’s order committing him to the Department of Mental Health pursuant to its finding that he is a “sexually violent predator” under the Sexually Violent Predators Act (Welf. & Inst. Code, § 6600 et seq.).

In this appeal, defendant contends: (1) the trial court erred by denying defendant’s motion to confront and cross-examine witnesses at the probable cause hearing (§ 6200); (2) there was insufficient evidence to sustain the trial court’s finding that defendant is a sexually violent predator; and (3) the Sexually Violent Predators Act is unconstitutional in that it violates the constitutional prohibition against ex post facto laws and the constitutional guarantees of equal protection and due process. We will affirm the judgment.

I. Summary of the Sexually Violent Predators Act

The Sexually Violent Predators (SVP) Act, adding sections 6600 through 6608 to the Welfare and Institutions Code, was enacted October 11, 1995, effective January 1, 1996. (Stats. 1995, chs. 762 & 763.) In section 1, the Legislature set forth its findings and summarized the purpose of the new law, as follows:

A “sexually violent predator” is…