People v. Superior Court (Dodson)

Good Law
148 Cal. App. 3d 990·196 Cal. Rptr. 431·1983 Cal. App. LEXIS 2377
Court of Appeal of CaliforniaNovember 15, 1983Civ. 69961California2,831 words

Opinion

Opinion

Hastings, J.

This proceeding addresses the issue of whether section 5300 of the Welfare and Institutions Code, which permits involuntary confinement of mentally disordered persons for treatment for up to 180 days, satisfies constitutional standards of due process.

Section 5300 proceedings represent the third level in a comprehensive statutory program for the confinement and treatment of those suffering from dangerous and acute mental disorders. The initial step in such proceedings is prescribed in section 5150 which provides, so far as is here relevant, for 72-hour detention of dangerous mentally disordered persons for treatment and evaluation.

Following evaluation pursuant to section 5150 et seq., a person may, under certain conditions, be certified, pursuant to section 5250, for not more than 14 days of involuntary intensive treatment related to the mental disorder. Section 5300, the statute here under review, provides in pertinent part: “At the expiration of the 14-day period of intensive treatment, a person may be confined for further treatment pursuant to the provisions of this article for an additional period, not to exceed 180 days if he or she:

Real party in interest was…

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