Kirkland

This appeal raises significant issues concerning the article of the Penal Code entitled “Disposition of Mentally Disordered Prisoners upon Discharge” (Pen. Code, §§ 2960-2981) (hereafter the Mentally Disordered Prisoners Act, or the Act), and in particular Penal Code sections 2970 and 2972.

When defendant and appellant William R. Kirkland (defendant) had almost completed his maximum parole term and was due to be unconditionally released, he was recommitted for continued involuntary treatment of his mental disorder (continued treatment), pursuant to sections 2970 and 2972. Defendant contends that this recommitment was erroneous, in that:

We find no error, and accordingly we affirm.

I

Factual and Procedural Background

A. Defendant’s Mental Disorder.

Defendant suffers from paranoid schizophrenia. Although rational at times, when he perceives someone as hostile he becomes delusional and threatening. He has made numerous threats to kill others, including the Governor, members of the Parole Board, parole and corrections officers, mental health professionals, members of his own family, and the trial judge in this case. Because of his mental illness, defendant presents a…