People v. Harrison
Annotate this CaseAppellant was convicted of battery with serious bodily injury and sentenced to two years in prison. Before Appellant was released on parole he was required to accept treatment as a mentally disordered offender (MDO). The Board of Parole Hearings affirmed Appellant's certification as an MDO. The superior court determined that Appellant met the criteria of an MDO and ordered him to be committed to the State Department of State Hospitals for an additional year. The court of appeal reversed the judgment classifying Appellant as an MDO and ordered a new hearing, concluding that insufficient evidence supported the finding that Appellant had been evaluated and certified by the personnel specified in Cal. Penal Code 2962, which requires civil commitment of a state prisoner during and after parole if certain criteria are met. The Supreme Court reversed, holding that the evaluation and certification provisions of section 2962 specify the procedures by which an MDO determination is initiated but do not constitute the statutory criteria by which the trier of fact at a hearing decides whether a prisoner is or is not an MDO. Remanded.
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