In Re McPherson

Petitioner contends, by petition for writ of habeas corpus, that his outpatient status was improperly revoked, so that he was illegally committed to the custody of the county director of mental health.

The petition is granted, in part.

Background

Petitioner James Arthur McPherson had been found not guilty by reason of insanity (Pen. Code, § 1026 ) of a violation of then-section 217 (assault with intent to commit murder). That finding was made in 1977. On August 8, 1983, following a jury trial, his commitment was extended for two years. (§ 1026.5.) On June 29, 1984, he was released on outpatient status, pursuant to section 1604.

On March 12, 1985, pursuant to section 1608, Lawrence P. Percell, Ph.D., wrote to the Presiding Justice, Criminal Division of the San Mateo County Superior Court, requesting that petitioner’s outpatient status be revoked. As relevant here, the letter recited:

“On June 29, 1984, on the recommendation of Napa State Hospital and of me as Designee of the County Mental Health Director, the Court placed Mr. McPherson on outpatient status. He was discharged from Napa State Hospital on September 12, 1984 and went to live with his grandmother in San…