People v. Superior Court (Myers)
Opinion
Opinion
Baron, J.
The People of the State of California filed a petition in respondent superior court to continue involuntary treatment of real party in interest Evon Myers, an alleged mentally disordered offender, pursuant to section 2970 of the Mentally Disordered Offender (MDO) Law (Pen. Code, § 2970). Respondent ruled the statute constitutes an ex post facto law when applied to Myers and dismissed the petition. We issued a stay of the order and an alternative writ of mandate on the request of the People in order to determine the constitutionality of applying the extended involuntary treatment provisions of the MDO Law to paroled prisoners like Myers who committed their predicate crimes prior to passage of legislation which cured previously identified constitutional defects in the law. For the reasons set forth in this opinion, we conclude that the MDO Law’s extended treatment provisions have no penal consequences when applied to mentally disordered offenders whose parole is completed. Accordingly, we grant the People’s petition for writ of mandate and order respondent to proceed on the underlying petition as required by the MDO Law.