California's Effort to Institutionalize Sex Offenders

CrimProf Blog covers Professor David Steinberg's opinions about California's recent adoption of a law that allows sexually violent offenders to be institutionalized indefinitely.  Previous to the new law, trials (recommitment hearings) were required every two years to keep an offender in mental institutions.  Professor Steinberg believes that courts will be disinclined to allow the conversion of existing two year terms into indefinite sentences.  I'm not as sure as he is.  Given that courts have typically viewed such institutionalization as regulatory and not punitive, the level of due process required is lessened.  However, I think even if Steinberg is right about the retroactive application of the new statute, there isn't much dispute that under existing case law, indefinite institutionalization for future convicts is constitutionally permissible so long as there is an individualized determination prior to admission.