People v. NolascoAnnotate this Case
California has two statutory mechanisms for detaining, evaluating, and treating persons who have been declared incompetent to stand trial for a felony that entailed a threat of bodily harm, and who continue to pose a danger to others. When the reason is a "developmental disability," the applicable mechanism is civil commitment under Welfare and Institutions Code section 6500; when the reason is a "mental disease, defect, or disorder," the applicable mechanism is a so-called Murphy conservatorship under the Lanterman-Petris-Short Act (LPS Act) (section 5000 et seq.), section 5008, subdivision (h)(1)(B). Under section 6500, the one-year recommitment period ends on the anniversary of the date of the recommitment order; for a Murphy conservatorship, the one-year period ends on the anniversary of the date of the initial commitment order. Because, as is common, recommitment orders under section 6500 are not fully litigated (and hence not issued) until after the anniversary of the date of the initial commitment order, the end dates for section 6500 recommitments typically get pushed out further and further with each recommitment.
The Court of Appeal held that this "creep" of the end date under section 6500 does not violate equal protection in regard to Murphy conservatorships. The court explained that individuals civilly committed under section 6500 and Murphy conservatorships are not similarly situated for purposes of fixing the end date for a recommitment. Even assuming that persons civilly committed under section 6500 and in a Murphy conservatorship are similarly situated for purposes of the timetable for terminating a one-year period for a recommitment, the court concluded that there is a sufficient justification for that differential treatment that withstands rational basis scrutiny. Accordingly, the court affirmed the end date for the section 6500 recommitment in this case.