Morris

I.

INTRODUCTION

The trial court committed Ronald Morris as a mentally disordered offender (MDO) for a one-year term, which was to end on February 3, 2004. Morris spent the entire one-year commitment on outpatient status, pursuant to Penal Code section 2972, subdivision (d). On February 6, 2004, the People filed a petition to recommit Morris as an MDO. The trial court granted Morris’s motion to dismiss the action on the ground that the People failed to file a petition for recommitment prior to the termination of Morris’s one-year term of commitment. The People appeal the trial court’s order dismissing the action.

Section 2970 provides that the district attorney may file a petition to commit a prisoner or parolee for involuntary treatment as an MDO upon the person’s release from prison or completion of parole. Section 2972, subdivision (d) provides that a person committed as an MDO may be treated on an outpatient basis if the court finds there is reasonable cause to believe the person can be safely and effectively treated in such a manner. However, section 2972, subdivision (c) provides that “[t]ime spent on outpatient status” shall not count toward an MDO’s term of…