SVP Law after Prop. 83

Proposition 83 ( better known as Jessica’s law) was passed by California voters in 2006. The new law considerably increases punishments for certain sex crimes (i.e. life sentence for certain crimes and addition of GPS requirement to Peal Code Section 290) and imposes new requirements for those convicted (before or after Prop 83 passage) of sex crimes and found to be sexually violent predator (“SVP”.) Previously SVPs were subject to a two-year limit on detention after their initial sentence was over (civil confinement.) Now to be released the SVP must either convince the court or jury that he or she is no longer a threat to engage in sexually violent behavior OR get the approval of the Department of Mental Health. Many cases have challenged the indefinite detention aspect of Prop 83. All of these cases have been unsuccessful. California’s Supreme Court however, has decided to review at least two of these cases (i.e People v. McKee and People v. Baker.) Issues raised in these cases are: are the SVPs’ equal rights and due process being violated and is Prop 83 in violation of ex post facto clause. Orange County Sex crime attorneys of Criminal Defense Team have handled many high profile sex crime cases and are familiar with winning defenses and strategies on how to counter the prosecutions claims.