P. v. Green
Glen Foster Green (appellant) appeals from a judgment, following a jury trial, committing him to the State Department of Mental Health (DMH) for an indeterminate period as a sexually violent predator (SVP) under the Sexually Violent Predators Act (SVPA). (Welf. & Inst. Code, § 6600 et seq.)[1] He contends the judgment must be reversed for a variety of reasons, including (1) the evidence was insufficient to support a current diagnosis of pedophilia; (2) the court erred in refusing to give an instruction quantifying the risk of reoffense necessary to support a commitment; (3) the court erred by failing to instruct the jury sua sponte that an SVP commitment is for an indefinite time period; (4) the protocol governing his SVP evaluations is invalid; (5) commitment without the prospect of effective treatment violates his right to due process; and (6) the SVPA is an unconstitutional ex post facto law, improperly shifts the burden of proof, and violates his right to equal protection. We reject appellant’s contentions and affirm the judgment.
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