People v. Washington CA2/2

BACKGROUND

Between 1971 and 1986, appellant suffered five convictions and one juvenile adjudication of sexually violent offenses. In 2003, the Los Angeles County District Attorney filed a petition to commit appellant under former provisions of the SVPA, Welfare and Institutions Code section 6600 et seq.2 At that time, former section 6604 provided for a commitment period of two years. (See Stats. 2000, ch. 420, § 3.) After the petition was filed and before trial, by legislative enactment and the passage of Proposition 83 (“Jessica’s Law”), section 6604 was amended to provide for an indeterminate term of commitment. (See Stats. 2006, ch. 337, § 55; Prop. 83, § 27, approved Nov. 7, 2006.) There was general uncertainty about the retroactivity of the indeterminate commitment; thus, on October 11, 2006, after the 2006 legislative amendment and before the election in which Proposition 83 was passed, the Los Angeles County District Attorney, public defender, and superior court entered into stipulations with appellant and others similarly situated, agreeing that the pending commitment

Under prior law and current statute, “‘Sexually violent predator’ means a person who has been…