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Name: People v. Boyle
Case #: A117860
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 07/16/2008
Subsequent History: Rev. grant/hold: 10/1/08 (S166167)

The November 2006 amended version of the Sexually Violent Predator Act (SVPA) does not violate constitutional rights to due process, equal protection of the laws, or bans on double jeopardy or ex post facto laws. The 2006 amended version of the SVPA specifies an indeterminate term of civil commitment; does not change the requirement that sexually violent predator status at the initial stage be proven by the state beyond a reasonable doubt; and requires annual evaluations of whether or not the committed person remains a sexually violent predator. However, it provides that the committed person will remain in custody until he meets the burden of proving that he is no longer a sexually violent predator or until the Department of Mental Health determines he no longer meets the definition of a sexually violent predator. Considering the amendments to the act, the appellate court found that it was not unconstitutional. (Ed. note: Some of the questions considered in this opinion are now pending before the California Supreme Court in People v. McKee (2008) 160 Cal.App.4th 1517, review granted July 9, 2008, S162823.)