Gibson

*1429 Opinion

Legislation, 1 effective July 1, 1986, requiring a person who had been sentenced to a determinate sentence prior to that date to be confined in a mental hospital as a condition of parole, violates constitutional ex post facto clauses. The legislation also violates equal protection because it mandates involuntary confinement and treatment of former prisoners who are mentally ill without proof of dangerousness.

Appellant was convicted of forcible rape in violation of Penal Code 2 section 261, subdivision (2) and on June 29, 1983, was sentenced to six years in the state prison. With applicable credits he was to be released from custody on parole on September 10, 1986. Instead of being released, he was required to accept inpatient treatment through the Department of Mental Health under the statutory scheme under consideration. After trial in the superior court, he was found to be a severely mentally disordered offender subject to involuntary confinement and treatment under section 2962.

The confinement then ordered for appellant expired one year from the date he should have been released on parole. This appeal is therefore technically moot. However, since appellant is…