Baxstrom v. Herold

In Baxstrom v. Herold (1966) 383 U.S. 107, the Supreme Court found an equal protection violation when the state deprived a prisoner of a jury trial and finding of dangerousness when it sought to civilly commit him at the end of his prison term, in view of the fact these protections were available to other civilly committed persons. (Id. at p. 111.) However, the amended SVPA does not deprive persons subject to an initial commitment petition of a jury trial or a finding of present inability to control sexually violent behavior. ( 6604.) Furthermore, an SVP committed to an indeterminate term has the opportunity for meaningful judicial review via annual petitions for release, provided they are not frivolous and are supported by sufficient factual allegations. ( 6605, 6608.)