J.S.
People v. J.S.
Opinion
Opinion
Hollenhorst, J.
While imprisoned after being convicted of several offenses, defendant J.S. was declared a mentally disordered offender (MDO) pursuant to Penal Code section 2962. On March 6, 2012, J.S. was placed on parole and began her initial one-year term of involuntary treatment. After the Board of Parole Hearings (BPH) rejected her challenge to her MDO classification and initial commitment, she filed a petition requesting counsel and judicial review, pursuant to section 2966, subdivision (b). That petition, however, was not heard within the initial year of commitment. On April 3, 2013, the trial court granted the People’s motion to dismiss the petition as “moot” on that basis.
Defendant contends that she is entitled to have her petition heard on the merits, because it was filed during the initial year of commitment, and even though the initial term is already completed, her petition is not moot. We agree, and therefore reverse the order dismissing defendant’s petition.
I. FACTS AND PROCEDURAL BACKGROUND
Defendant was convicted in San Bernardino County of first degree residential burglary (§ 459), criminal threats (§ 422), and attempting to carry a concealed dirk or dagger (§ 664;…