P.v. Lopez CA1/5

BACKGROUND

A.

Section 1026.5, subdivision (b), sets forth the procedural and substantive requirements for extending the commitment of a person who, like Lopez, has been committed after having been found not guilty of a felony by reason of insanity. (See People v. Kendrid (2012) 205 Cal.App.4th 1360, 1366 (Kendrid).) To justify continued commitment in a treatment facility, the People must prove, beyond a reasonable doubt, that the person “represents a substantial danger of physical harm to others” because of “a mental disease, defect, or disorder.” (§ 1026.5, subd. (b)(1); Kendrid, supra, at pp. 1366, 1370.) As part of that showing, the People must establish that the committed person “ ‘has serious difficulty in controlling dangerous behavior.’ ” (Kendrid, supra, at p. 1366; see also People v. Zapisek (2007) 147 Cal.App.4th 1151, 1164-1165 (Zapisek).) A single psychiatric opinion that the person is dangerous due to a mental disorder can constitute substantial evidence in support of an extended commitment. (Zapisek, supra, at p. 1165.) Whether a person presents a substantial danger of harm to others is a fact question. (Kendrid, supra, at p. 1370.)

The committed person may…