Poggi

Appellant Joseph Poggi appeals from an order pursuant to Welfare and Institutions Code section 6316.2 extending for one year appellant’s commitment to the Department of Mental Health as a mentally disordered sex offender.

Following appellant’s conviction of forcible rape in 1972, criminal proceedings were adjourned and appellant was adjudged a mentally disordered sex offender and committed to the Department of Mental Hygiene to be confined in the Atascadero State Hospital pursuant to Welfare and Institutions Code section 6316. In 1973 he was returned to court pursuant to Welfare and Institutions Code section 6325 as not recovered but still dangerous, but the court recommitted appellant to the department for placement and treatment at Patton State Hospital, requesting semiannual reports on his progress toward recovery. Upon receipt of periodic reports during 1974 and 1975, the court ordered no change in appellant’s status. On August 20, 1976, the court approved appellant’s transfer to Atascadero State Hospital, which apparently arose from appellant’s involvement in drugs at Patton.

The Board of Prison Terms pursuant to Welfare and Institutions Code section 6316.1,…