In County of San Diego v. Commission on State Mandates, the Supreme Court today holds that Proposition 83 — the 2006 Jessica’s Law initiative — did not necessarily end the State of California’s responsibility to reimburse counties for costs they incur in civil commitment proceedings under the Sexually Violent Predators Act. The court’s unanimous opinion by Justice Mariano-Florentino Cuéllar concludes that the Commission on State Mandates erred in determining that Proposition 83 made several duties under the SVPA no longer reimbursable state mandates, but it directs the Commission to take another look at “whether and how the initiative’s expanded definition of an SVP may affect the state’s obligation to reimburse the Counties for implementing the amended statute.”
The court affirms in part the Fourth District, Division One, Court of Appeal; “in part” because the appellate court didn’t remand the matter to the Commission for further evaluation. The Supreme Court also disapproves a 2009 Third District opinion.