People v. GerardAnnotate this Case
Defendant was convicted of committing lewd acts upon a child and was sentenced to prison. After he was released on parole, he committed multiple parole violations. Defendant was then arrested for failing to register as a sex offender. While his case was pending, he was committed to determine if he was competent to stand trial. Defendant ultimately was convicted and sentenced to state prison. Defendant subsequently challenged the Board of Parole's determination that defendant met the requirements for commitment for treatment as a mentally disordered offender (MDO). The trial court granted defendant's motion for judgment, concluding that he could not be certified as an MDO because the Board did not obtain a timely MDO evaluation. The People appealed. The court reversed, concluding that the Board properly placed a hold on defendant's release from prison to allow time for an MDO evaluation. In this case, the Board's actions were consistent with its authority under Penal Code section 2963 and did not require a written order to detain.