Jenkins

Donald Wayne Jenkins appeals from a trial court finding that he is a mentally disordered offender (MDO) within the meaning of Penal Code section 2962. We affirm and reject appellant’s argument that the MDO statutory scheme, as applied, violates the ex post facto clauses of the federal and state constitutions. We explain the differences between date of enactment, effective date and operative date and hold that the MDO statutes apply to persons convicted and imprisoned for certain crimes committed after the statutory scheme’s effective date, January 1, 1986. (§ 2980.)

Facts and Procedural History

On February 21,1986, appellant strangled Yolanda Gallagher to death. He was charged with murder, found incompetent to stand trial, and sent to Patton State Hospital. (§ 1370.01, subd. (a)(1).) In 1988 appellant regained his mental competency and pled guilty to voluntary manslaughter. The trial court sentenced him to state prison for 11 years.

Prior to his release from prison the Department of Corrections determined that appellant was an MDO and required treatment by the State Department of Mental Health. (§ 2962, subd. (d)(1).) Appellant refused to sign parole conditions placing…