Similarly, in the only prior California decision to consider the issue in any depth People v. In his reply brief, however, the Attorney General declines to join the issue, civilly committed sex offenders in Santa Clara conceding nor disputing the truth of these assertions; rather, he adopts the position that they involve matters outside the record and hence cannot be considered by us in this proceeding.
Only the most recent of these commitments, of course, is before us now. Under sectionthe court may commit him to a state hospital if he is amenable to treatment there.
San Francisco Public Defender Jeff Brown said that the law is a convenient way for state officials to indefinitely keep inmates behind bars. CL-IX, par. Accordingly, any person confined pursuant to a section commitment, but who is not receiving treatment may seek his release through appropriate habeas corpus procedures.
The absence of statutory provisions for judicial review of the cases of defendants committed to such units demonstrates beyond cavil that they are the forgotten men of this legislative scheme. That section, however, applies only to felons; it is silent on whether mentally disordered sex offenders can civilly committed sex offenders in Santa Clara advantage of its provisions, and the silence arguably implies their exclusion.
Finally, insofar as commitment procedures under the LPS Act and the mentally disordered sex offender law differ, it would appear that the latter should be encompassed by greater, not lesser, procedural safeguards than the former. Sullivan M.
Similarly, in the only prior California decision to consider the issue in any depth People v. Applying that principle, we find it evident that indefinite confinement civilly committed sex offenders in Santa Clara misdemeanant mentally disordered sex offenders in order to "keep them off the streets" bears no relation whatever to the purpose which originally justified their commitment, and hence deprives them of due process under both Jackson and Davis.
San Francisco Public Defender Jeff Brown said that the law is a convenient way for state officials to indefinitely keep inmates behind bars. I disagree.
The decision addresses one of the most controversial criminal issues in the nation and affects hundreds of people in the state who have completed their sentences but have yet to go free. Having declared a new right to jury trial, however, we felt impelled to add a brief directive concerning its implementation.
But the high court rejected his arguments, finding that there were enough safeguards in the process to withstand legal scrutiny. The rationale of Burnick therefore applies a fortiori to the case at bar: the dual consequences of curtailment of liberty and moral stigma which attached to Feagley's commitment were so serious that he was entitled to the due process safeguard of proof beyond a reasonable doubt of each of the two operative facts resulting in his confinement in the California Men's Colony, i.