In Re Polk

I. Introduction

Elvin James Polk, who is confined at Atascadero State Hospital, petitions for a writ of habeas corpus. Petitioner was committed to the state hospital pursuant to an order of commitment under Penal Code section 1370 after he was found incompetent to stand trial. We issued an order to show cause why the relief requested should not be granted. Petitioner contends that his confinement is unlawful because the three-year time limit set forth in section 1370, subdivision (c)(1), has expired. Petitioner’s contention raises a question of first impression regarding whether the three-year time limit applies only to the present commitment or to the aggregate of all previous commitments. We conclude that it applies to the aggregate of all commitments under the same charges, grant the petition, and remand the matter to the superior court for consideration of initiating conservatorship proceedings pursuant to section 5350 of the Welfare and Institutions Code.

II. Factual and Procedural Background

Petitioner was first charged in 1993 with assault with a deadly weapon, three counts of rape, one count of forcible oral copulation, false imprisonment, and enhancements for…