People v. Superior Court (Finch)

The People of the State of California, represented by the San Francisco District Attorney, challenge a trial court ruling dismissing a petition for a 180-day civil commitment pursuant to Welfare and Institu tions Code section 5300. The court found that the petition was untimely because filed one day late. We conclude that the remedy for an untimely petition is not dismissal of the petition, but release of the person committed, and that in any case, the petition was not untimely.

The Lanterman-Petris-Short Act, Welfare and Institutions Code section 5000 et seq., provides procedures for evaluation and treatment of persons with serious mental disorders and those developmentally disabled or impaired by chronic alcoholism (Welf. & Inst. Code, § 5001, subd. (a).) Dangerous or gravely disabled persons may be taken into custody for 72-hour treatment (§ 5150), detained for treatment for an additional 14 days (§ 5256.6), and confined for an additional 180 days (§ 5300), if the proper procedures are followed and proper findings are made.

On February 8, 1988, real party in interest Leroy V. Finch was taken into custody for 72-hour treatment based on allegations that he had…