People v. Bushee CA1/2

BACKGROUND

In 2002 and again in 2003, Bushee pled no contest to two separate counts of battery on a non-confined person by a prisoner (§ 4501.5) and was sentenced to an aggregate term of three years in state prison. In 2006, Bushee was committed to the DSH as an MDO, and in 2009, he was transferred to Patton State Hospital, where he is currently housed. On August 23, 2024, pursuant to section 2970, the prosecution filed a petition to extend for a period of one year Bushee’s civil commitment that was set to expire on March 10, 2025, alleging that Bushee continued to suffer from a severe mental disorder that was not in remission and/or could not be kept in remission without treatment, and that he represented a substantial danger to others. Bushee denied the allegations of the petition and waived his right to a jury trial; a court trial was held on January 29, 2025, at which Bushee appeared via Zoom. On January 28, 2025, the Conditional Release Program (CONREP) filed a placement report with the court that was provided to the parties but was not admitted into evidence.2 At trial, Dr. Joshua Craig testified as an expert in the field of psychology and as Bushee’s primary treating…