Rish
People v. Rish
Opinion
Opinion
Zelon, J.
— Appellant Steven Rish (Rish) appeals from an order recommitting him to the state Department of Mental Health for treatment as a mentally disordered offender pursuant to Penal Code section 2972. On appeal, Rish does not challenge the sufficiency of the evidence supporting the trial court’s finding that he met the requirements for continued involuntary treatment under section 2972, subdivision (c). Rather, he contends that the trial court erred in failing to exercise its discretion to determine whether he could be safely and effectively treated on an outpatient basis under section 2972, subdivision (d). We conclude that Rish forfeited his claim of error because he did not raise the issue of his suitability for outpatient treatment at the recommitment hearing and the trial court did not have a sua sponte duty to make this determination. We further conclude that, even assuming the trial court had a statutory duty to consider his suitability for outpatient treatment, Rish failed to present sufficient evidence to support a finding that he could be safely and effectively treated on an outpatient basis. Accordingly, we affirm.