Richard McKee was committed under the Sexually Violent Predators Act after being convicted of two counts of committing lewd and lascivious acts on a child under the age of 14. McKee was found to be an SVP in March 2007, following the passage of Proposition 83, and was accordingly committed to the Department of Mental Health for an indefinite term.
McKee appealed, arguing that Prop. 83, which lengthened the commitment term for an SVP from two years to an indefinite term, violated both his constitutional due process and equal protection rights and the ex post facto clause.
