Is Section 6600.1 of the California Penal Code applicable to a convicted rapist who served his sentence?

California, United States of America


The following excerpt is from People v. Titman, C092600 (Cal. App. 2021):

Finally, defendant notes that section 6600.1 was enacted after his 1995 conviction; thus, he "could not have served a prison sentence . . . under section 6600.1 since that section did not exist in its current form" until after he had served his sentence. As noted by the Attorney General, defendant's cited authority is not on point, as the cited case involved a statute that explicitly provided it was only to be applied to events that

occurred on or after the date the statute became effective (see People v. Hutchins (2001) 90 Cal.App.4th 1308, 1317), and that is not the situation here. Further, section 6600, subdivision (b) makes clear that its definition of sexually violent offenses includes acts "that are committed on, before, or after the effective date of this article and result in a conviction." (Italics added.) Moreover, the amended Penal Code section 667.5, subdivision (b) incorporates the current statutory definition of sexually violent offense in section 6600, subdivision (b).

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