People v. McKnight

[862]Opinion

SIGGINS, J. Timothy McKnight challenges his recommitment as a sexually violent predator (SVP) under Welfare and Institutions Code section 6600 et seq.1 (SVPA, or the Act). He contends the Act denies him equal protection of the law because persons committed under it are treated more harshly than MDO’s (mentally disordered offenders) or persons found not guilty by reason of insanity (NGI’s). The recent case of People v. McKee (2012) 207 Cal.App.4th 1325 [144 Cal.Rptr.3d 308] (McKee II) is dispositive of McKnight’s claim. We therefore affirm his recommitment.

BACKGROUND

This case was last before us in 2010, when we considered and rejected a number of challenges to a petition to extend McKnight’s commitment under the SVPA. (People v. McKnight (Cal.App.).) However, we remanded the case to the trial court for proceedings on McKnight’s equal protection claim consistent with People v. McKee (2010) 47 Cal.4th 1172 [104 Cal.Rptr.3d 427, 223 P.3d 566] (McKee I). On July 28, 2010, the Supreme Court granted the People’s petition for review and transferred this case back to us with directions to vacate our decision and suspend further proceedings pending finality of the proceedings on remand in McKee I.

Following remand, after a 21-day evidentiary hearing, the trial court in McKee found that the People met their burden to justify the disparate treatment of SVP’s. The Fourth District Court of Appeal agreed. (McKee II, supra, 207 Cal.App.4th at p. 1330.) It concluded that SVP’s are differently situated than MDO’s and NGI’s, and their different treatment under the Act is necessary to further compelling state interests. (207 Cal.App.4th at pp. 1347-1348.) “[W]e conclude the People on remand met their burden to present substantial evidence, including medical and scientific evidence, justifying the amended Act’s disparate treatment of SVP’s (e.g., by imposing indeterminate terms of civil commitment and placing on them the burden to prove they should be released). [Citation.] The People have shown that, ‘notwithstanding the similarities between SVP’s and MDO’s [and NGI’s], the former as a class bear a substantially greater risk to society, and that therefore imposing on them a greater burden before they can be released from commitment is needed to protect society.’ [Citation.] The People have shown ‘that the inherent nature of the SVP’s mental disorder makes recidivism as a class significantly more likely[;] . . . that SVP’s pose a greater risk [and