P. v. Moss
Defendant Clyde Sherwood Moss appeals from an initial order of commitment as a Sexually Violent Predator (SVP) under the Sexually Violent Predator Act (SVPA). (Welf. & Inst. Code, 6600 et seq.) The petition for his commitment was filed just prior to his release from prison. While the petition was pending, two measures were passed, Senate Bill No. 1128 (2005-2006 Reg. Sess.) (SB 1128) and Proposition 83, an initiative measure. Both measures changed the term of commitment under the SVPA from a renewable two-year term to an indefinite term that terminates upon a judicial determination that the confined person no longer meets the definition of an SVP. In addition, Proposition 83 eliminated the confined persons right to an annual probable cause hearing on the question whether the person meets the definition of an SVP. (Former 6605, subd. (b); Stats. 1995, ch. 763, 3.) Defendants commitment hearing was held subsequent to the passage of Proposition 83 and he was found to be an SVP and committed to the Department of Mental Health (DMH) for an indefinite period. Court find no error and shall affirm the judgment.
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