People v. Superior Court (Butler)

In People v. Superior Court (Butler) (2000) 83 Cal.App.4th 951, the defendants argued "to allow the People to refile a petition for commitment would violate their due process rights. Defendants assert that the SVP commitment procedure could go on indefinitely if the prosecution could simply refile a petition after a dismissal for lack of probable cause." (Ibid.) The court held these "arguments are premised upon the faulty assertion that the trial courts made a finding that there was 'not probable cause' to believe that they were 'likely to engage in sexually violent predatory criminal behavior' upon their release. ( 6602, subd. (a).) The Court reiterate that the trial courts here did find probable cause and that those probable cause findings were vacated on procedural grounds. Under these circumstances, to permit the filing of the new petitions for extended commitment would not violate the SVP's due process or equal protection rights." (Ibid.)