Wednesday, February 23, 2005

Tomorrow's opinion

The Court will issue an opinion tomorrow in In re Howard N., a case involving a constitutional challenge to CA's provision for civil commitment of juvenile sex offenders. (Welfare & Institutions Code section 1800 et seq.). After a jury trial which included testimony from psychologists and correctional officers, the Superior Court extended Howard N.'s confinement by 2 years under the civil commitment statute.

The Fifth District reversed, holding that section 1800 does not meet the constitutional requirements the US Supreme Court has applied to similar civil commitment schemes. See Kansas v. Hendricks, 521 U.S. 346 (1997); Kansas v. Crane, 534 U.S. 407 (2002).

This case marks the 1st time the CA Supreme Court will rule on the constitutionality of section 1800, although the Court has addressed (and upheld) other similar provisions before, including California's Sexually Violent Predators Act. (Ca. Pen. Code section 6600 et seq.).


Post a Comment

<< Home