People v. Zwerenz CA3

FACTS AND HISTORY OF THE PROCEEDINGS

I

Legal Background

The Mentally Disordered Offenders Act (§ 2960 et seq.) “provides for involuntary civil commitment as a condition of parole for prisoners who are found to have ‘a severe mental disorder’ if certain conditions are met. (§ 2962, subds. (a)-(f).) The commitment is for a term of one year and may be extended annually for an additional year on petition of the district attorney. (§ 2972, subds. (a), (b), [(e)].)” (People v. Dunley (2016) 247 Cal.App.4th 1438, 1442, fn. omitted.) If the trial court finds “[1] that the patient has a severe mental health disorder, [2] that the patient’s severe mental health disorder is not in remission or cannot be kept in remission without treatment, and [3] by reason of the patient’s severe mental health disorder, the patient represents a substantial danger of physical harm to others, the court shall order the patient recommitted.” (§ 2972, subd. (c).) However, if the committing court finds there is reasonable cause to believe the committed person can be safely and effectively treated on an outpatient basis, the court shall release the person on outpatient status. (§ 2972, subd. (d).) For purposes…