P. v. Garcia
Defendant James Leon Garcia asserts three arguments challenging the constitutionality of the Sexually Violent Predators Act (SVPA) (Welf. & Inst. Code, 6601 et seq.):[1] (1) the SVPA violates equal protection guarantees because it treats individuals committed as sexually violent predators (SVPs) differently from individuals who have been civilly committed as mentally disordered offenders (MDOs) (Pen. Code, 2960 et seq.) and persons found not guilty of a crime by reason of insanity (NGIs) (Pen. Code, 1026 et seq.); (2) the SVPA violates due process by requiring a person committed as an SVP who has not been authorized to petition for release to prove that he or she is not an SVP; and (3) the SVPA violates equal protection guarantees by treating committed individuals who have not been authorized to petition for release differently from those who have been so authorized. Court reject these arguments and affirm the judgment.
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