California Supreme Court

The People, Plaintiff and Respondent v. Richard McKee, Defendant and — Chin, J., Concurring in Part and Dissenting…

January 28, 201047 Cal. 4th 1172

Summary

The separate opinion agrees that the 2006 reforms to California’s Sexually Violent Predators Act do not violate due process or ex post facto principles, but disagrees with requiring an evidentiary hearing on equal protection. It argues that sexually violent predators are not similarly situated to persons committed under broader civil-commitment schemes and that the Legislature and electorate could impose distinct release procedures to address their perceived danger. The opinion would affirm the Court of Appeal judgment in full.