People v. Presley
Annotate this CasePresley, certified as a mentally disordered offender (MDO), was placed into an outpatient conditional release program (CONREP) in 2013. He was initially housed at a board and care facility, with weekly drug screening, group therapy, and individual counseling. After he moved to his family’s home CONREP visited him and stayed in contact with family members. Presley went to the CONREP facility for group therapy and twice-monthly drug screening. In 2014, CONREP recommended that Presley’s commitment be terminated. The state conceded that Presley should be discharged based on a psychologist’s opinion that he no longer met the MDO qualifications and that, although the issue was moot, under Penal Code 2972.1, Presley would have been entitled to a jury trial on his MDO status. Before the court ruled, Presley’s psychologist requested revocation of Presley’s outpatient status because he had “gone AWOL,” leaving his medications behind. The court revoked Presley’s outpatient status, issued a bench warrant, and set a hearing. Presley did not appear, although his counsel was present. The court ordered that Presley be confined in a state hospital. The court of appeal affirmed. While Presley was improperly deprived of a jury trial, his absconding from outpatient treatment before the court ruled on his commitment status forfeited the claim of error.
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