Merfeld

This case presents an issue of first impression—whether the privilege against self-incrimination bars the prosecution from questioning an alleged mentally disordered offender (MDO) about his mental state at a Penal Code section 2972 hearing. We conclude that it does not.

I. Facts

A. Procedural Background

Bernard Merfeld (appellant) was convicted of felony battery with serious injury (§ 243, subd. (d)). The trial court sentenced him to the time he had already served and granted him probation. He violated his probation eight months later by committing another battery, and was sentenced to two years in state prison. Upon completing this sentence, appellant was considered to be a mentally disordered offender and was sent to Atascadero State Hospital (ASH) as a condition of parole pursuant to section 2962.

Near the termination of the appellant’s parole commitment, the district attorney filed a section 2970 petition to continue appellant’s involuntary treatment. Appellant waived opposition to this petition, and the trial court committed appellant to ASH for another year.

One year later the district attorney filed another petition to further extend appellant’s commitment.…