People v. Snavely CA4/1

DISCUSSION

I

The SVP Act and Proposition 83

In McKee I, the California Supreme Court summarized the SVP Act and

Proposition 83's 2006 amendment of the Act (McKee I, supra, 47 Cal.4th at pp. 1185-

1188), which summary we quote in large part as follows:

"The Act, as originally enacted (Stats. 1995, ch. 763, § 3, p. 5922), provided for

the involuntary civil commitment for a two-year term of confinement and treatment of

3 persons who, by a unanimous jury verdict after trial (Welf. & Inst. Code, former §§ 6603,

subd. (d), 6604), are found beyond a reasonable doubt to be an SVP (former § 6604).

[Citations.] A person's commitment could not be extended beyond that two-year term

unless a new petition was filed requesting a successive two-year commitment.

[Citations.] On filing of a recommitment petition, a new jury trial would be conducted at

which the People again had the burden to prove beyond a reasonable doubt that the

person was currently an SVP. [Citations.] . . .

"As originally enacted, an SVP was defined as 'a person who has been convicted

of a sexually violent offense against two or more victims for which he or she received a

determinate sentence…