People v. Roddan CA3

DISCUSSION

I

The amendments to the SVPA by Senate Bill No. 295 relate to conditional release and/or unconditional discharge of SVP’s. Senate Bill No. 295 added section 6604.9 and amended sections 6606 and 6608. (Senate Bill No. 295 (2013-2014 Reg. Sess.).) In defendant’s view, these amendments invalidate McKee I’s due process analysis and holding that the SVPA does not violate a defendant’s due process rights. The same contention was recently addressed in People v. Gray (2014) 229 Cal.App.4th 285 (review den. Nov. 12, 2014) (Gray) under circumstances legally indistinguishable from those in the present case. Noting that the defendant was adjudged an SVP before Senate Bill 295’s amendments took effect, Gray declined to review the contention, stating: “We are concerned with the constitutionality of the SVPA as it existed when [defendant] was adjudged an SVP, not the statutory scheme as it may or may not be applied to [defendant] in the future.” (Gray, at p. 292.) Defendant candidly acknowledges “that there is nothing about [his] case that makes it ripe when it was not ripe in Gray,” he simply believes Gray was wrongly decided. We agree that the analysis and circumstances in the…