P. v. Ward
Melvin Ward appeals an order involuntarily committing him for an indeterminate term to the custody of the State of California Department of Mental Health (DMH) issued after a jury found him to be a sexually violent predator (SVP) under the amended Sexually Violent Predators Act (Welf. & Inst. Code, 6600 et seq. (Act).)[1] Ward contends the order must be reversed because: (1) the Act violates his state and Federal rights to equal protection both by the requirement of an indeterminate commitment term, and its provision of different rights to those who seek judicial review of their continuing status as an SVP with the permission of the Director of Mental Health as opposed to those who do not obtain such permission; and (2) the Act violates state and federal due process guarantees because those SVPs who "seek review of their commitment without the Director's permission are required to demonstrate by a preponderance of the evidence that they are not sexually violent predators." Court affirm.
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