People v. Parker
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The treatment during an extension of a prisoner's custodial time to complete a psychiatrist's evaluation may be included in the required 90 days of treatment under the Mentally Disordered Offender Act (MDO Act).
In this case, the Attorney General appealed from the trial court's order finding that defendant did not meet the criteria to be treated as an MDO because he did not receive 90 days of treatment before his scheduled parole date. The Court of Appeal agreed with the Attorney General's contention that treatment during the additional 45-day custody period authorized by the Board of Parole Hearings under Penal Code 2963 should have counted toward the 90 days of treatment required by section 2962, subdivisions (c) and (d)(1). Therefore, the court reversed the trial court's order vacating the Board's MDO determination.
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