Bailie

Following a contested hearing, the Shasta County Superior Court, sitting without a jury, found that defendant Alexander Nathan Bailie is a mentally retarded person who is a danger to himself and others. (Welf. & Inst.Code, § 6500.) [1] Defendant was committed to the Department of Developmental Services (DDS) for one year.

On appeal, defendant contends reversal is required because (1) the trial court failed to advise him of his right to a jury trial or to secure his waiver of that right, and (2) the statutory scheme does not require, the petition did not allege, and the plaintiff (county counsel) did not prove that his mental retardation makes it seriously difficult for him to control his dangerous behavior. For the reasons that follow, we conclude both points have merit.

In September 2005, at the request of the Director of the Far Northern Regional Center (FNRC), the Shasta County Counsel filed a section 6500 petition for an order committing defendant to DDS for care and treatment. The petition alleged that defendant "is a mentally retarded person who is a danger to himself or others," as set forth in the affidavit of an FNRC service coordinator. The facts supporting…