P. v. Olsen
Defendant William Karl Olsen appeals from an order retroactively committing Olsen to an indeterminate term of commitment (Welf. & Inst. Code, 6601.4, subd. (a))[1] as a sexually violent predator under the Sexually Violent Predator Act (SVPA) ( 6600 et seq.). Olsen was first committed to a two-year term in October 2000, and the commitment was extended for additional two-year terms thereafter. In 2007, while a petition to extend Olsens most recent term of commitment was pending, the People brought a motion to retroactively convert Olsens first commitment in October 2000 from a two-year term of commitment to an indeterminate term, pursuant to amended section 6604.1, subdivision (a), which provides that an indeterminate term begins on the date the court issues the initial order of commitment. The trial court agreed with the Peoples interpretation of section 6604.1, subdivision (a), and ordered Olsen committed to an indeterminate term. The trial court imposed the indeterminate term retroactive to the first order committing Olsen in October 2000, and without a trial on the pending petition to extend Olsens most recent term of commitment. Olsen contends that the indeterminate term of commitment in section 6604.1, subdivision (a) may not be applied retroactively and that the SVPA, as amended, is unconstitutional. For reasons that Court explain, Court conclude that an indeterminate term of commitment imposed pursuant to section 6604.1 may not be imposed retroactively. Therefore, Court reverse the order. In view of our reversal of the order, Court do not reach the issue of whether amendments to the SVPA that provide for an indeterminate term of commitment (see 6604, 6604.1, subd. (a)) are constitutional.
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