People v. Superior Court (Rigg)

We have consolidated these four cases for hearing and decision because they involve the common issue of the interpretation and application of sections 6316.1 and 6316.2 of the Welfare and Institutions Code, added by the Legislature in 1977 by chapter 164 of the Statutes of 1977.

The portions of those sections pertinent to these proceedings read as follows:

Section 6316.1:

Section 6316.2:

All four of the real parties in interest were convicted of felonies prior to July 1, 1977, and, prior to that date, had been committed as mentally disordered sex offenders (MDSOs) for indeterminate, terms. Using the formula prescribed by section 6316.1, the Community Release Board determined the “maximum term” of three of them (Rigg, Armstrong and Brandes) as being a term expiring prior to July 1, 1977; in the case of Poggi, acting on August 30, 1977 (within the 90-day period allowed by § 6316.1) the board fixed his “maximum term” as expiring on November 14, 1977. Section 6416.1 expressly provided that the so-called “maximum term” is subject to extension under the circumstances defined in section 6316.2. The People filed petitions for an extended commitment of each of the real parties…