Roy Russ v. Audrey King

MEMORANDUM

Petitioner Roy Russ (Russ) appeals from a district court judgment denying his petition for habeas relief. He challenges the constitutionality of his confinement pursuant to a civil commitment petition filed in state court in 2007.

Russ contends that the California Sexually Violent Predator Act (SVPA), as amended by Proposition 83, violates the Due Process Clause of the federal constitution. He further submits that the act impermissibly changed the two-year confinement term to an indefinite one, and requires civil offenders to assume the burden of proof when petitioning for release. In light of our opinion in Taylor v. San Diego County, Case No. 12-55030, filed contemporaneously herewith, rejecting a similar argument, we affirm the district court’s denial of federal habeas relief.

As noted by the California Court of Appeal, the SVPA contains constitutionally appropriate procedures and requirements, ensuring that the commitment period is “only potentially indefinite.” Indeed, there are several methods to terminate commitment if the SVP criteria are no longer met. These procedural safeguards ensure that the committed person is not in indefinite confinement, but that the…