People v. Superior Court (Jump)

Here we hold that the superior court located within the county in which an inmate is convicted of the crime that serves as the foundation for his placement in a state hospital as a mentally disordered offender (MDO) is the proper court to hear a petition for involuntary treatment under Penal Code section 2970. Thus, the prosecutor who obtains the conviction that results in the placement of a person in a mental hospital as an MDO bears the responsibility for seeking further commitment for involuntary treatment.

Facts

In 1988, James Jump was convicted in the Los Angeles County Superior Court of having committed an assault. The court in that county sentenced him to state prison and he was placed by the authorities in California Men’s Colony (CMC) in San Luis Obispo County. While imprisoned at CMC, he attacked a prison guard.

The San Luis Obispo County District Attorney filed a complaint charging Jump with assaulting a prison guard. (§§ 4501.5, 69.) In 1989, Jump pled no contest to resisting a prison guard. He was sentenced by the San Luis Obispo Superior Court to an additional term of 16 months in prison. This term was to be served consecutive to his Los Angeles County…